People v Townsend, 2023 NY Slip Op 04735 [219 AD3d 1234]

September 26, 2023

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Wesley Townsend, Appellant.

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

Alvin L. Bragg, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered November 22, 2016, convicting defendant, upon his plea of guilty, of criminal contempt in the first degree and second degrees, and sentencing him to an aggregate term of 1 to 3 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 and the People’s consent, we vacate the surcharge and fees imposed at sentencing ( see People v Chirinos , 190 AD3d 434 [1st Dept 2021]). Concur—Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O’Neill Levy, JJ..