People v DeSilva, 2023 NY Slip Op 05451 [220 AD3d 598]

October 26, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Shakim DeSilva, Appellant.

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

Judgment, Supreme Court, New York County (Barry E. Warhit, J.), rendered June 4, 2019, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of four 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—Webber, J.P., Moulton, González, Kennedy, JJ..