PEOPLE v. FLORES (2025)

Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered December 13, 2023, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 22 years, 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.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970, 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, 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 see no basis for reducing the sentence.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on the defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 [1st Dept. 2021]).  We note that the People do not oppose this relief.