PEOPLE v. PERIERA (2025)

Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered April 20, 2022, as amended October 20, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon 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.  Judgment, same court (April A. Newbauer, J.), rendered June 9, 2022, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a prison term of six years, to run concurrently with the attempted weapon possession sentence, unanimously affirmed.

We perceive no basis for reducing the sentence imposed on defendant's attempted murder conviction.  However, based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing on his conviction of attempted criminal possession of a weapon in the second degree (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.