People v Shakur S., 2023 NY Slip Op 03557 [217 AD3d 637]

June 29, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Shakur S., Appellant.

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

Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J., at plea; George R. Villegas, J., at sentencing), rendered May 17, 2018, convicting defendant of criminal possession of a firearm, adjudicating him a youthful offender, and sentencing him to a conditional discharge for a period of three years, 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 with the People’s consent, we vacate the mandatory surcharge and fee imposed at sentencing ( see People v Chirinos , 190 AD3d 434 [1st Dept 2021]). Concur—Kern, J.P., Moulton, Mendez, Shulman, Rodriguez, JJ..