People v. Ortiz
Opinion
People v Ortiz (2025 NY Slip Op 06032)
| People v Ortiz |
| 2025 NY Slip Op 06032 |
| Decided on October 30, 2025 |
| 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 30, 2025
Before: Moulton, J.P., Gesmer, González, Higgitt, Michael, JJ.
SCI No. 74810/23|Appeal No. 5071|Case No. 2024-00624|
v
Luis Ortiz, Defendant-Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Linda Poust-Lopez, J.), rendered January 3, 2024, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two 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.
Defendant validly waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US , 140 S Ct 2634 [2020]), which forecloses review of his claim that his sentence is excessive. In any event, we perceive no basis for reducing the sentence.
Based upon 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 30, 2025
Opinion
People v Ortiz (2025 NY Slip Op 06032)
| People v Ortiz |
| 2025 NY Slip Op 06032 |
| Decided on October 30, 2025 |
| 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 30, 2025
Before: Moulton, J.P., Gesmer, González, Higgitt, Michael, JJ.
SCI No. 74810/23|Appeal No. 5071|Case No. 2024-00624|
v
Luis Ortiz, Defendant-Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Linda Poust-Lopez, J.), rendered January 3, 2024, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two 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.
Defendant validly waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US , 140 S Ct 2634 [2020]), which forecloses review of his claim that his sentence is excessive. In any event, we perceive no basis for reducing the sentence.
Based upon 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 30, 2025
Opinion
People v Ortiz (2025 NY Slip Op 06032)
| People v Ortiz |
| 2025 NY Slip Op 06032 |
| Decided on October 30, 2025 |
| 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 30, 2025
Before: Moulton, J.P., Gesmer, González, Higgitt, Michael, JJ.
SCI No. 74810/23|Appeal No. 5071|Case No. 2024-00624|
v
Luis Ortiz, Defendant-Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Emilia King-Musza of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Linda Poust-Lopez, J.), rendered January 3, 2024, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two 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.
Defendant validly waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]), which forecloses review of his claim that his sentence is excessive. In any event, we perceive no basis for reducing the sentence.
Based upon 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 30, 2025
Case-law data current through December 31, 2025. Source: CourtListener bulk data.