People v. Rodriguez
Opinion
| People v Rodriguez |
| 2024 NY Slip Op 04924 |
| Decided on October 08, 2024 |
| 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 08, 2024
Before: Manzanet-Daniels, J.P., Singh, Mendez, Rosado, O'Neill Levy, JJ.
Ind. No. 4412/18 Appeal No. 2755 Case No. 2019-03778
v
Jefry Rodriguez, Defendant-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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: October 8, 2024
Opinion
| People v Rodriguez |
| 2024 NY Slip Op 04924 |
| Decided on October 08, 2024 |
| 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 08, 2024
Before: Manzanet-Daniels, J.P., Singh, Mendez, Rosado, O'Neill Levy, JJ.
Ind. No. 4412/18 Appeal No. 2755 Case No. 2019-03778
v
Jefry Rodriguez, Defendant-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.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: October 8, 2024
Case-law data current through December 31, 2025. Source: CourtListener bulk data.