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People v. Alexander R.

Supreme Court of New York, First Department
Oct 5, 2023
220 A.D.3d 446 (N.Y. App. Div. 2023)

Opinion

727 Ind. No. 1444/18 Case No. 2020–02154

10-05-2023

The PEOPLE of the State of New York, Respondent, v. ALEXANDER R., Defendant–Appellant.

Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant.


Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant.

Manzanet–Daniels, J.P., Singh, Gesmer, Rodriguez, Rosado, JJ.

Judgment, Supreme Court, Bronx County (Guy Mitchell, J.), rendered February 24, 2020, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, adjudicating him a youthful offender, and sentencing him to five years of probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and crime victim assistance fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on the 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. Alexander R.

Supreme Court of New York, First Department
Oct 5, 2023
220 A.D.3d 446 (N.Y. App. Div. 2023)
Case details for

People v. Alexander R.

Case Details

Full title:The People of the State of New York, Respondent, v. Alexander R.…

Court:Supreme Court of New York, First Department

Date published: Oct 5, 2023

Citations

220 A.D.3d 446 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5041
196 N.Y.S.3d 16