PEOPLE v. RIOS (2024)

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

The PEOPLE of the State of New York, Respondent, v. Elizabeth RIOS, Defendant–Appellant.

2778

Decided: October 10, 2024

Kern, J.P., Oing, Kennedy, Higgitt, Michael, JJ.

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

Judgment, Supreme Court, New York County (Steven Antignani, J.), rendered September 20, 2017, convicting defendant, upon her plea of guilty, of criminal possession of a controlled substance in the seventh degree, and sentencing her to time served, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the mandatory surcharge and fee 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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