People v Diallo, 2024 NY Slip Op 05494 [232 AD3d 425]

November 7, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Hamidou Diallo, Appellant.

Twyla Carter, The Legal Aid Society, New York (Rebecca J. Gannon of counsel), for appellant.

Judgment, Supreme Court, New York County (Michael J. Obus, J., at plea; Erika M. Edwards, J., at sentencing), rendered June 27, 2019, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of two years, to be followed by two 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.

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 , 435 [1st Dept 2021]). We note that the People consent to this relief. Concur—Moulton, J.P., Friedman, Mendez, Shulman, Rodriguez, JJ..