PEOPLE v. RODRIGUEZ (2024)

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

The PEOPLE of the State of New York, Respondent, v. Jefry RODRIGUEZ, Defendant–Appellant.

2755

Decided: October 08, 2024

Manzanet–Daniels, J.P., Singh, Mendez, Rosado, O'Neill Levy, JJ.

Twyla Carter, The Legal Aid Society, New York (Elizabeth Batkin of counsel), for appellant.

Judgment, Supreme Court, New York County (Felicia Mennin, J.), rendered April 30, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a prison term of three years followed by five years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and fees imposed at sentencing, and otherwise affirmed.

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

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