PEOPLE v. ROBERTS (2024)

Judgment, Supreme Court, New York County (Edwina Richardson, J., at plea;  Gayle P. Roberts, J., at sentencing), rendered March 1, 2019, convicting defendant of attempted assault in the first degree, and sentencing him to a term of 31/212 years, 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.

The court providently exercised its discretion in denying youthful offender treatment (see generally People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976]), given the seriousness of the underlying crime, in which defendant repeatedly stabbed the victim in the leg during an attack on the victim with others.  Further, defendant failed to comply with the conditions of his plea agreement, and was rearrested and indicted for additional serious crimes pending sentencing.  We perceive no basis to substitute a youthful offender adjudication in the interest of justice.

Based on our own interest of justice powers, we vacate the surcharge 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.