People v Wilson, 2023 NY Slip Op 05205 [220 AD3d 496]

October 12, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Rashaye Wilson, Appellant.

Twyla Carter, The Legal Aid Society, New York (Clara Hammond-Oakley of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Julio Rodriguez, III, J.), rendered August 3, 2018, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of three 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 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—Kapnick, J.P., Oing, Moulton, Higgitt, JJ..