Opinion
No. 2994 Ind. No. 2060/17 Case No. 2019-05568
11-12-2024
Twyla Carter, The Legal Aid Society, New York (Ashley A. Baxter of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Ashley A. Baxter of counsel), for appellant.
Before: Manzanet-Daniels, J.P., Pitt-Burke, Rosado, O'Neill Levy, Michael, JJ.
Judgment, Supreme Court, New York County (Edwina Richardson-Mendelson, J., at plea; Gayle P. Roberts, J., at sentencing), rendered June 12, 2019, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a jail term of 6 months, to be followed by 5 years of 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 our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (People v Chirinos, 190 A.D.3d 434, 435 [1st Dept 2021]). We note that the People do not oppose this relief.