People v Stocks, 2023 NY Slip Op 05104 [220 AD3d 469]

October 10, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Xavier Stocks, Appellant.

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

Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered September 14, 2018, convicting defendant, upon his plea of guilty, of assault in the third degree, and sentencing him to a conditional discharge for a period 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 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 , 435 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O’Neill Levy, JJ..