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People v. Rivera

Supreme Court of New York, First Department
Sep 28, 2023
219 A.D.3d 1254 (N.Y. App. Div. 2023)

Opinion

659 Ind. No. 79/19 Case No. 2019-03891

09-28-2023

The PEOPLE of the State of New York, Respondent, v. David RIVERA, Defendant–Appellant.

Twyla Carter, The Legal Aid Society, New York (Sylvia Lara Altreuter of counsel), for appellant.


Twyla Carter, The Legal Aid Society, New York (Sylvia Lara Altreuter of counsel), for appellant.

Webber, J.P., Friedman, Gonza´lez, Rodriguez, Pitt–Burke, JJ.

Judgment, Supreme Court, Bronx County (Marsha D. Michael, J.), rendered May 14, 2019, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, 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, we vacate the surcharge and fees imposed at sentencing (see People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 [1st Dept. 2021] ). We note that the People do not oppose this relief.


Summaries of

People v. Rivera

Supreme Court of New York, First Department
Sep 28, 2023
219 A.D.3d 1254 (N.Y. App. Div. 2023)
Case details for

People v. Rivera

Case Details

Full title:The People of the State of New York, Respondent, v. David Rivera…

Court:Supreme Court of New York, First Department

Date published: Sep 28, 2023

Citations

219 A.D.3d 1254 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 4825
195 N.Y.S.3d 480