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People v. Garcia

Supreme Court of New York, First Department
Jan 25, 2024
223 A.D.3d 595 (N.Y. App. Div. 2024)

Opinion

1533 SCI No. 2758/15 Case No.2019–1187

01-25-2024

The PEOPLE of the State of New York, Respondent, v. Eva GARCIA, Defendant–Appellant.

Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.


Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.

Moulton, J.P., Kapnick, Mendez, Higgitt, O'Neill Levy, JJ.

Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J., at plea; Kevin McGrath, J., at sentencing), rendered December 15, 2017, convicting defendant of petit larceny, and sentencing her to time served, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021] ). We note that the People do not oppose this relief.


Summaries of

People v. Garcia

Supreme Court of New York, First Department
Jan 25, 2024
223 A.D.3d 595 (N.Y. App. Div. 2024)
Case details for

People v. Garcia

Case Details

Full title:The People of the State of New York, Respondent, v. Eva Garcia…

Court:Supreme Court of New York, First Department

Date published: Jan 25, 2024

Citations

223 A.D.3d 595 (N.Y. App. Div. 2024)
2024 N.Y. Slip Op. 360
201 N.Y.S.3d 661