Opinion
765 Ind. No. 1723/17 Case No.2018–2283
10-12-2023
The PEOPLE of the State of New York, Respondent, v. Marie JORDAN, 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., Kern, Singh, Scarpulla, Rosado, JJ.
Judgment, Supreme Court, Bronx County (George P. Villegas, J.), rendered November 2, 2017, convicting defendant, upon her plea of guilty, of attempted assault in the second degree, and sentencing her to a term of three 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 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.