Opinion
2021-07526 Ind. 2180/15
12-28-2021
The People of the State of New York, Respondent, v. Kelvin R., Defendant-Appellant. Appeal No. 14907 No. 2018-2091
Janet E. Sabel, The Legal Aid Society, New York (Dalourny Nemorin of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Dalourny Nemorin of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Before: Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered September 7, 2017, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a youthful offender, to a term of five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing, and otherwise affirmed.
Based on the People's consent as a matter of prosecutorial discretion, and pursuant to our own interest of justice powers, we vacate the surcharge and fees imposed at sentencing (see People v Chirinos, 190 A.D.3d 434 [1st Dept 2021]).