PEOPLE v. SHAKUR (2023)

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

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

591 Decided: June 29, 2023

Kern, J.P., Moulton, Mendez, Shulman, Rodriguez, JJ.

Twyla Carter, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J., at plea; George R. Villegas, J. at sentencing), rendered May 17, 2018, convicting defendant of criminal possession of a firearm, adjudicating him a youthful offender, and sentencing him to a conditional discharge for a period of three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fee imposed at sentencing, and otherwise affirmed.

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

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