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.