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People v. Lyshon M.

Supreme Court of New York, First Department
Nov 28, 2023
221 A.D.3d 546 (N.Y. App. Div. 2023)

Opinion

1084-, 1084A Ind. Nos. 787/16 823/17 Case No. 2018-1982

11-28-2023

The PEOPLE of the State of New York, Respondent, v. LYSHON M., 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.

Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Judgments, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered July 14, 2017, convicting defendant, upon his pleas of guilty, of robbery in the first degree and grand larceny in the fourth degree, adjudicating him a youthful offender, and sentencing him to concurrent terms of one year, 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 our own interest of justice powers, we vacate the surcharge and fees 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.


Summaries of

People v. Lyshon M.

Supreme Court of New York, First Department
Nov 28, 2023
221 A.D.3d 546 (N.Y. App. Div. 2023)
Case details for

People v. Lyshon M.

Case Details

Full title:The People of the State of New York, Respondent, v. Lyshon M.…

Court:Supreme Court of New York, First Department

Date published: Nov 28, 2023

Citations

221 A.D.3d 546 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 6095
198 N.Y.S.3d 545