People v Lowe, 2024 NY Slip Op 00602 [224 AD3d 431]

February 6, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Sherrin Lowe, Appellant.

Twyla Carter, The Legal Aid Society, New York (Ashley A. Baxter of counsel), for appellant.

Judgment, Supreme Court, New York County (Abraham Clott, J.), rendered October 10, 2019, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a term of five months, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed 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—Singh, J.P., Moulton, Gesmer, Mendez, Rodriguez, JJ..