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People v Garcia, 2024 NY Slip Op 00360 [223 AD3d 595]

January 25, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Eva Garcia, Appellant.

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

Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J., at plea; Kevin McGrath, J., at sentencing), rendered December 15, 2017, convicting defendant of petit larceny, and sentencing her to time served, 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—Moulton, J.P., Kapnick, Mendez, Higgitt, O’Neill Levy, JJ..