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People v. Wilson

New York Supreme Court — Appellate Division
Feb 27, 2024
204 N.Y.S.3d 107 (N.Y. App. Div. 2024)

Opinion

02-27-2024

The PEOPLE of the State of New York, Respondent, v. Miguel WILSON, Defendant-Appellant.

Twyla Carter, The Legal Aid Society, New York (Clara Hammond-Oakley of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.


Twyla Carter, The Legal Aid Society, New York (Clara Hammond-Oakley of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.

Singh, J.P., Friedman, González, Higgitt, Michael, JJ.

Judgments, Supreme Court, New York County (Ann E. Scherzer, J., at plea; Ellen N. Biben, J., at sentencing), rendered March 12, 2019, convicting defendant, upon his pleas of guilty, of robbery in the first degree (two counts) and criminal possession of a weapon in the second and third degrees, and sentencing him to an aggregate term of 12 years, unanimously modified, as a matter of discretion in the inter- est of justice, to the extent of vacating the surcharges and fees imposed at sentencing, and otherwise affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

Based on our own interest of justice powers, we vacate the surcharges and fees imposed on defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note that the People do not oppose this relief.


Summaries of

People v. Wilson

New York Supreme Court — Appellate Division
Feb 27, 2024
204 N.Y.S.3d 107 (N.Y. App. Div. 2024)
Case details for

People v. Wilson

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Miguel WILSON…

Court:New York Supreme Court — Appellate Division

Date published: Feb 27, 2024

Citations

204 N.Y.S.3d 107 (N.Y. App. Div. 2024)