People v McMorris, 2024 NY Slip Op 06548 [233 AD3d 594]

December 24, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Willie McMorris, Appellant.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Frances Weil of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered October 3, 2013, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of three years, 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—Kern, J.P., Singh, Gesmer, Pitt-Burke, O’Neill Levy, JJ..