Opinion
747-, 748 Ind. Nos. 4082/17, 1477/17, 1635/17 Case Nos. 2019-5358, 2018-03318
10-10-2023
The PEOPLE of the State of New York, Respondent, v. QADIR Y., Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Claire Glass of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Claire Glass of counsel), for appellant.
Manzanet–Daniels, J.P., Gesmer, Gonza´lez, Kennedy, O'Neill Levy, JJ.
Judgment, Supreme Court, New York County (Guy H. Mitchell, J.), rendered April 11, 2018, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, adjudicating him a youthful offender and sentencing him to a term of 1? to 4 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and court fees imposed at sentencing, and otherwise affirmed.
Based on our own interest of justice powers, we vacate the mandatory 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.