People v D.R., 2024 NY Slip Op 01993 [226 AD3d 486]

April 11, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

D.R., Appellant.

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

Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered June 27, 2017, convicting defendant, upon his plea of guilty, of burglary in the second degree and bribery in the third degree, adjudicating him a youthful offender, and sentencing him to an aggregate term of four years’ probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and crime victim assistance fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and crime victim assistance fee 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., Gesmer, Shulman, Higgitt, Rosado, JJ..