PEOPLE v. NORWOOD (2023)

Judgments, Supreme Court, Bronx County (Steven J. Hornstein, J.), rendered September 21, 2022, convicting defendant, upon his pleas of guilty, of attempted criminal possession of a weapon in the second degree (two counts), adjudicating him a youthful offender on the conviction under indictment No. 70742/21 only, and sentencing him to an aggregate term of 2 years, 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, and otherwise affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his excessive sentence claim.  Regardless of the validity of the waiver of the right to appeal, we perceive no basis for reducing the sentence.

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, 135 N.Y.S.3d 641 [1st Dept. 2021]).  We note that the People do not oppose this relief.