People v Collazo, 2024 NY Slip Op 00145 [223 AD3d 480]

January 11, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Ernesto Collazo, Appellant.

Twyla Carter, The Legal Aid Society, New York (Stephen Nemec of counsel), for appellant.

Judgment, Supreme Court, Bronx County (George Villegas J.), rendered April 24, 2018, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of one year, 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 AD3d 434 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Renwick, P.J., Manzanet-Daniels, González, Rodriguez, Pitt-Burke, JJ..