Opinion
No. 570102/19
06-21-2023
The People of the State of New York, Respondent, v. Marvin R., Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Michael, James, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James G. Clynes, J. at plea; Herbert J. Moses, J. at sentencing), rendered August 6, 2018, convicting him, upon his plea of guilty, of sexual abuse in the third degree, and imposing sentence.
Judgment of conviction (James G. Clynes, J. at plea; Herbert J. Moses, J. at sentencing), rendered August 6, 2018, modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and the crime assistance fee, and otherwise affirmed.
Based on our own interest of justice powers and the People's consent, we vacate the surcharge and fees imposed at sentencing (see People v Chirinos, 190 A.D.3d 434 [2021]).