People v Ojofeitimi, 2024 NY Slip Op 00600 [224 AD3d 430]

February 6, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Abram Ojofeitimi, Appellant.

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

Judgment, Supreme Court, New York County (Michael Obus, J., at plea; Mark Dwyer, J., at sentencing), rendered March 7, 2017, convicting defendant, upon his plea of guilty, of identity theft in the first degree, and sentencing him to five years’ probation, 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—Singh, J.P., Moulton, Gesmer, Mendez, Rodriguez, JJ..