Opinion
No. 16102 Ind. No. 2242/16 Case No. 2019-672
06-07-2022
The People of the State of New York, Respondent, v. Justyn Smith, Defendant-Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Before: Gische, J.P., Webber, Singh, González, Pitt, JJ.
Judgment, Supreme Court, New York County (Edwina G. Richardson-Mendelson, J.), rendered May 10, 2017, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of two years, 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 (see People v Chirinos, 190 A.D.3d 434 [1st Dept 2021]).