People v Lady P., 2023 NY Slip Op 00168 [212 AD3d 471]

January 12, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Lady P., Appellant.

Justine M. Luongo, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered March 29, 2016, convicting defendant, upon her plea of guilty, of criminal mischief in the fourth degree, adjudicating her a youthful offender, and sentencing her to a conditional discharge of one year, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers and the People’s consent, we vacate the surcharge and fees imposed at sentencing ( see People v Chirinos , 190 AD3d 434 [1st Dept 2021]). Concur—Kern, J.P., Oing, Scarpulla, Pitt-Burke, Higgitt, JJ..