PEOPLE v. JARED (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. JARED S., Defendant–Appellant.

578-, 578A

Decided: June 29, 2023

Kapnick, J.P., Friedman, Gesmer, González, Higgitt, JJ.

Twyla Carter, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Andrew J. Loizides of counsel), for respondent.

Judgments, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered June 7, 2017, convicting defendant, upon his pleas of guilty, of robbery in the second degree and criminal possession of stolen property in the third degree, adjudicating him a youthful offender, and sentencing him to an aggregate term of 1 to 4 four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharges and crime victim assistance fees imposed at sentencing on both convictions, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note the People's consent.

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