PEOPLE v. MAHABIR (2025)

Judgment, Supreme Court, Bronx County (Dineen A. Riviezzo, J.), rendered March 1, 2023, as amended March 3, 2023, and May 3, 2023, convicting defendant, upon his pleas of guilty, of attempted criminal possession of a weapon in the second degree and of assault in the second degree, and sentencing him, as a second felony offender, to an aggregate term of four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharges and fees imposed at sentencing, and otherwise affirmed.

Defendant validly waived of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his excessive sentence claim (see People v. Ramirez, 226 A.D.3d 625, 625, 208 N.Y.S.3d 185 [1st Dept. 2024], lv denied 42 N.Y.3d 940, 217 N.Y.S.3d 906, 242 N.E.3d 691 [2024]).  In any event, we perceive no basis for reducing the sentence.

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