People v. Diallo
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Diallo
2026 NY Slip Op 02888
May 7, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, Respondent,
v
Mamadou Diallo, Defendant-Appellant.
Decided and Entered: May 07, 2026
Ind No. 71086/23|Appeal No. 6560|Case No. 2024-06375|
Before: Moulton, J.P., Gesmer, Higgitt, Michael, Chan, JJ.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Judgment, Supreme Court, Bronx County (Alvin M. Yearwood, J.), rendered September 04, 2024, convicting defendant of attempted second degree possession of a weapon, and sentencing him to one year imprisonment, 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 mandatory surcharge and fees imposed on defendant at sentencing (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: May 7, 2026
Links to or from other sites do not signify endorsement or relationship with them.
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
People v Diallo
2026 NY Slip Op 02888
May 7, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, Respondent,
v
Mamadou Diallo, Defendant-Appellant.
Decided and Entered: May 07, 2026
Ind No. 71086/23|Appeal No. 6560|Case No. 2024-06375|
Before: Moulton, J.P., Gesmer, Higgitt, Michael, Chan, JJ.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Judgment, Supreme Court, Bronx County (Alvin M. Yearwood, J.), rendered September 04, 2024, convicting defendant of attempted second degree possession of a weapon, and sentencing him to one year imprisonment, 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 mandatory surcharge and fees imposed on defendant at sentencing (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: May 7, 2026
Links to or from other sites do not signify endorsement or relationship with them.
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
People v Diallo
May 7, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, Respondent,
v
Mamadou Diallo, Defendant-Appellant.
Decided and Entered: May 07, 2026
Ind No. 71086/23|Appeal No. 6560|Case No. 2024-06375|
Before: Moulton, J.P., Gesmer, Higgitt, Michael, Chan, JJ.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Judgment, Supreme Court, Bronx County (Alvin M. Yearwood, J.), rendered September 04, 2024, convicting defendant of attempted second degree possession of a weapon, and sentencing him to one year imprisonment, 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 mandatory surcharge and fees imposed on defendant at sentencing (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: May 7, 2026
Links to or from other sites do not signify endorsement or relationship with them.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.