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People v. Vargas

Supreme Court of New York, First Department
Oct 12, 2023
2023 N.Y. Slip Op. 5198 (N.Y. App. Div. 2023)

Opinion

Nos. 793 793A Ind No. 497/15 1119N/15 1053/16 Case No. 2019-5834

10-12-2023

The People of the State of New York, Respondent, v. Giovanni Vargas, 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.

Before: Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Judgments, Supreme Court, New York County (Richard M. Weinberger, J.), rendered June 15, 2016, as amended September 6, 2016, convicting defendant, upon his pleas of guilty, of burglary in the third degree, identity theft in the third degree, criminal sale of a controlled substance in the third degrees, criminal possession of a controlled substance in the third degree, criminal possession of stolen property in the fourth degree, and grand larceny in the third degree, and sentencing him to an aggregate term of one year, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharges and fees imposed on defendant at sentencing under Indictment Nos. 497/15 and 1119N/15, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharges and fees imposed on defendant at sentencing under Indictment Nos. 497/15 and 1119N/15 (see People v Chirinos, 190 A.D.3d 434 [1st Dept 2021]). We note that the People do not oppose this relief.


Summaries of

People v. Vargas

Supreme Court of New York, First Department
Oct 12, 2023
2023 N.Y. Slip Op. 5198 (N.Y. App. Div. 2023)
Case details for

People v. Vargas

Case Details

Full title:The People of the State of New York, Respondent, v. Giovanni Vargas…

Court:Supreme Court of New York, First Department

Date published: Oct 12, 2023

Citations

2023 N.Y. Slip Op. 5198 (N.Y. App. Div. 2023)