People v Muhamed G., 2023 NY Slip Op 04941 [220 AD3d 427]

October 3, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Muhamed G., Appellant.

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

Darcel D. Clark, District Attorney, Bronx (John T. Komondorea of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Julio Rodriguez III, J.), rendered October 16, 2018, convicting defendant, upon his plea of guilty, of robbery in the first degree, adjudicating him a youthful offender, and sentencing him to a term of five years of probation, 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 , 435 [1st Dept 2021]). We note that the People do not oppose defendant’s application. Concur—Kern, J.P., Moulton, Mendez, Higgitt, O’Neill Levy, JJ..