Opinion
No. 16951 SCI No. 203/18 Case No. 2019-1196
12-20-2022
The People of the State of New York, Respondent, v. Jeremiah Perez, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Dalourny Nemorin of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Dalourny Nemorin of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Oing, Singh, Scarpulla, Pitt-Burke, JJ.
Judgment, Supreme Court, New York County (Laurie Peterson, J.), rendered March 22, 2018, as amended August 23, 2018, convicting defendant, upon his plea of guilty, of aggravated criminal contempt, and sentencing him to a term of one year, 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 and the People's consent, we vacate the surcharge and fees imposed at sentencing on the above-described Supreme Court conviction (see People v Chirinos, 190 A.D.3d 434 [1st Dept 2021]). We need not determine whether defendant's waiver of appeal was valid, given the People's consent, by which they agree to "waive[ ] the waiver" (Garza v Idaho, 586 U.S. -, -, 139 S.Ct. 738, 745 [2019]).
To the extent defendant's brief refers to a Criminal Court matter, which was never transferred to Supreme Court, in which defendant pleaded guilty to disorderly conduct, we have no jurisdiction to grant any relief because an appeal from a Criminal Court conviction must be taken to the Supreme Court, Appellate Term, First Department (CPL 450.60[4]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.