People v Jammel G., 2023 NY Slip Op 02618 [216 AD3d 516]

May 16, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jammel G., Appellant.

Twyla Carter, The Legal Aid Society, New York (Danielle A. Bernstein of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Oliver Lee of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered June 26, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, adjudicating him a youthful offender and sentencing him to three years’ probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and crime victim assistance fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, and with the People’s consent, we vacate the surcharge and fee imposed at sentencing ( see People v Chirinos , 190 AD3d 434 [1st Dept 2021]). Concur—Kern, J.P., Friedman, Gesmer, Moulton, Rodriguez, JJ..