Opinion
17093 Ind. No. 59/15 Case No. 2017–2176
01-12-2023
The PEOPLE of the State of New York, Respondent, v. LADY P., Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Kern, J.P., Oing, Scarpulla, Pitt–Burke, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (William Mogulescu, J), rendered March 29, 2016, convicting defendant, upon her plea of guilty, of criminal mischief in the fourth degree, adjudicating her a youthful offender, and sentencing her to a conditional discharge of one year, 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 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] ).