Opinion
13460 SCI No. 293/17 Case No. 2018-2332
03-30-2021
Robert S. Dean, Center for Appellate Litigation, New York ( David J. Klem of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York ( David J. Klem of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.
Gische, J.P., Singh, Scarpulla, Mendez, JJ.
Judgment, Supreme Court, Bronx County (Shari Michels, J. at plea; Linda Poust–Lopez, J. at sentencing), rendered April 26, 2017, convicting defendant of attempted burglary in the third degree, adjudicating him a youthful offender, and sentencing him to a conditional discharge and seven days of community service, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and crime victim assistance fee, and otherwise affirmed.
Based on the People's consent, and pursuant to our own interest of justice powers, we waive the surcharge and fee imposed at sentencing ( see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021] ). We find it unnecessary to reach any other issues.