Opinion
743 Ind. No. 1511/17 Case No. 2018–04226
10-10-2023
The PEOPLE of the State of New York, Respondent, v. Xavier STOCKS, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Frank Xiao of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Frank Xiao of counsel), for appellant.
Manzanet–Daniels, J.P., Gesmer, Gonza´lez, Kennedy, O'Neill Levy, JJ.
Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered September 14, 2018, convicting defendant, upon his plea of guilty, of assault in the third degree, and sentencing him to a conditional discharge for a period 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 on defendant 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.