Opinion
04-11-2024
The PEOPLE of the State of New York, Respondent, v. D.R., Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Manzanet–Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.
Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered June 27, 2017, convicting defendant, upon his plea of guilty, of burglary in the second degree and bribery in the third degree, adjudicating him a youthful offender, and sentencing him to an aggregate term of four years’ 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 crime victim assistance fee 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.