Opinion
793-, 793A Ind. Nos. 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.
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, 135 N.Y.S.3d 641 [1st Dept. 2021] ). We note that the People do not oppose this relief.