People v Rodriguez, 2024 NY Slip Op 04924 [231 AD3d 494]

October 8, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Jefry Rodriguez, Appellant.

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

Judgment, Supreme Court, New York County (Felicia Mennin, J.), rendered April 30, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a prison term of three years followed by five years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and fees imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the mandatory 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—Manzanet-Daniels, J.P., Singh, Mendez, Rosado, O’Neill Levy, JJ..