People v Dawson, 2023 NY Slip Op 04733 [219 AD3d 1233]

September 26, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jerome Dawson, Appellant.

Jenay N. Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Robert Butlien of counsel), for respondent.

Judgment, Supreme Court, New York County (James M. Burke, J.), rendered November 16, 2022, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him to a term of 3 1/2 years, followed by 5 years of postrelease supervision, 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.

Although we do not find that defendant made a valid waiver of his right to appeal, we perceive no basis for reducing the term of postrelease supervision.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing ( see e.g. People v Chirinos , 190 AD3d 434 [1st Dept 2021]). We note that the People consent as a matter of prosecutorial discretion. Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ..