PEOPLE v. CASTILLO (2023)

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

The PEOPLE of the State of New York, Respondent, v. Samuel CASTILLO, Defendant–Appellant.

889-, 889A

Decided: October 24, 2023

Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Twyla Carter, The Legal Aid Society, New York (Steven J. Miraglia of counsel), for appellant.

Judgments, Supreme Court, New York County (Robert E. Torres, J., at pleas; Alvin M. Yearwood, J., at sentencing), rendered May 9, 2016, as amended June 24, 2016 and June 29, 2016, convicting defendant, upon his pleas of guilty, of attempted assault in the first degree and promoting prison contraband in the second degree, and sentencing him to concurrent terms of 41/212 years and 5 months, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharges and fees imposed on defendant at sentencing under each indictment, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharges and fees imposed on defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note that the People do not oppose this relief.

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