Opinion
857 Ind. No. 501/15 Case No. 2018–3052
10-19-2023
The PEOPLE of the State of New York, Respondent, v. Jason SIMMONS, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Twyla Carter, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Kapnick, J.P., Singh, Friedman, Gonza´lez, Shulman, JJ.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered December 15, 2016, convicting defendant, upon his plea of guilty, of strangulation in the second degree, and sentencing him to a term of four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed on defendant 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, 435, 135 N.Y.S.3d 641 [1st Dept. 2021] ). We note that the People consent to this relief.