People v. Stocks

People v Stocks (2023 NY Slip Op 05104)

People v Stocks

2023 NY Slip Op 05104

Decided on October 10, 2023

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: October 10, 2023
Before: Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.
Ind. No. 1511/17 Appeal No. 743 Case No. 2018-04226

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

Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered September 14, 2018, convicting defendant, upon his plea of guilty, of assault in the third degree, and sentencing him to a conditional discharge for a period 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 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, 435 [1st Dept 2021]). We note that the People do not oppose this relief. THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 10, 2023