People v Williams, 2024 NY Slip Op 06428 [233 AD3d 569]

December 19, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Richard Williams, Appellant.

Jenay Nurse, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered May 3, 2017, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a jail term of one year, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed on defendant 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 Diallo , 232 AD3d 427 [1st Dept 2024]; People v Chirinos , 190 AD3d 434 [1st Dept 2021]). We note that the People do not oppose the granting of this relief. Concur—Kapnick, J.P., Scarpulla, Mendez, O’Neill Levy, Michael, JJ..