PEOPLE v. WILLIAMS (2024)

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

The PEOPLE of the State of New York, Respondent, v. Richard WILLIAMS, Defendant–appellant.

3301

Decided: December 19, 2024

Kapnick, J.P., Scarpulla, Mendez, O'Neill Levy, Michael, JJ.

Jenay Nurse, Center for Appellate Litigation, New York (Benjamin Rutkin–Becker of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered May 3, 2017, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a jail term of one year, 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.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v. Diallo, –––AD3d ––––, 2024 N.Y. Slip Op 05498 [1st Dept 2024]; People v. Chirinos, 190 AD3d 434 [1st Dept 2021]). We note that the People do not oppose the granting of this relief.

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