Opinion
370 Ind. No. 1419/15 Case No. 2017–2169
06-01-2023
The PEOPLE of the State of New York, Respondent, v. KIANE S., Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Ying–Ying Ma of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Noah Chamoy of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Ying–Ying Ma of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Noah Chamoy of counsel), for respondent.
Moulton, J.P., Gonza´lez, Mendez, Rodriguez, JJ.
Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered February 25, 2016, convicting defendant, upon his plea of guilty, of robbery in the second degree, adjudicating him a youthful offender, and sentencing him to four years’ probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fee imposed at sentencing, and otherwise affirmed.
Based on our own interest of justice powers, and with the People's consent, we vacate the surcharge and fees imposed at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021] ).