Opinion
02-13-2024
The PEOPLE of the State of New York, Respondent, v. A.D., Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Webber, J.P., Singh, Kennedy, Scarpulla, Rosado, JJ.
Judgment, Supreme Court, Bronx County (Miriam R. Best, J.), rendered March 23, 2017, convicting defendant, upon his plea of guilty, of robbery in the first degree (three counts), adjudicating him a youthful offender, and sentencing him to an aggregate term of one year, and judgment, same court and Justice, rendered March 23, 2017, as amended March 23, 2017, convicting defendant, upon his plea of guilty, of attempted gang assault in the first degree (two counts), adjudicating him a youthful offender, and sentencing him to a concurrent aggregate term of one year, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharges and fees imposed at sentencing, and otherwise affirmed.
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.