People v Garnerlawery, 2024 NY Slip Op 06549 [233 AD3d 594]

December 24, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Yael Garnerlawery, Also Known as Loryn Gardner, Appellant.

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

Alvin L. Bragg, Jr., District Attorney, New York (Margaret Crookston of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael Obus, J., at plea; Steven M. Statsinger, J., at sentencing), rendered June 19, 2019, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of five years to be followed by 3 1/2 years of postrelease supervision, 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.

We perceive no basis for reducing defendant’s term of postrelease supervision. Concur—Kern, J.P., Singh, Gesmer, Pitt-Burke, O’Neill Levy, JJ..