People v Gadsden, 2024 NY Slip Op 05070 [231 AD3d 556]

October 15, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jason Gadsden, Appellant.

Caprice R. Jenerson, Office of The Appellate Defender, New York (Alexandra Ricks of counsel), for appellant.

Judgment, Supreme Court, Bronx County (George R. Villegas, J.), rendered July 17, 2017, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of one year of incarceration unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory 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., Kapnick, Kennedy, Scarpulla, Shulman, JJ..