People v K.R., 2024 NY Slip Op 05496 [232 AD3d 425]

November 7, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

K.R., Appellant.

Twyla Carter, The Legal Aid Society, New York (Anju M. Alexander of counsel), for appellant.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered May 15, 2018, convicting defendant, upon his plea of guilty, of robbery in the first degree, adjudicating him a youthful offender, and sentencing him to three years of probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and crime victim assistance fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fee 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., Friedman, Mendez, Shulman, Rodriguez, JJ..