People v Ceesay, 2024 NY Slip Op 04822 [231 AD3d 447]

October 3, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Abdoulie Ceesay, Appellant.

Twyla Carter, The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant.

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered January 22, 2018, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a term 1 to 3 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 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Manzanet-Daniels, J.P., Friedman, Gesmer, González, Pitt-Burke, JJ..