People v Frazier, 2023 NY Slip Op 05324 [220 AD3d 543]

October 19, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Kaliel Frazier, Appellant.

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

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered March 20, 2017, as amended May 24, 2017, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, 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 at sentencing ( see People v Chirinos , 190 AD3d 434 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Manzanet-Daniels, J.P., Kern, Scarpulla, Mendez, O’Neill Levy, JJ..