PEOPLE v. FOSTER (2025)

Judgment, Supreme Court, New York County (Michele S. Rodney, J.), rendered June 2, 2022, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of two years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing, and otherwise affirmed.

The court providently exercised its discretion in denying defendant youthful offender treatment, in view of “the violent nature of the crime” (People v. Redwood, 41 A.D.3d 275, 276, 838 N.Y.S.2d 66 [1st Dept. 2007], lv denied 9 N.Y.3d 880, 842 N.Y.S.2d 792, 874 N.E.2d 759 [2007]) and other aggravating circumstances (see People v. Williams, 225 A.D.3d 553, 206 N.Y.S.3d 74 [1st Dept. 2024], lv denied 41 N.Y.3d 1005, 213 N.Y.S.3d 232, 236 N.E.3d 1251 [2024]).  We also perceive no basis for reducing the sentence.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v. Cherif, 220 A.D.3d 543, 544, 196 N.Y.S.3d 457 [1st Dept. 2023], lv denied 40 N.Y.3d 1079, 202 N.Y.S.3d 766, 225 N.E.3d 885 [2023];  People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]).  We note that the People consent to this relief.