PEOPLE v. TARTT (2025)

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

The PEOPLE of the State of New York, Respondent, v. Jeffrey TARTT, Defendant-Appellant.

5297

Decided: December 09, 2025

Moulton, J.P., Kapnick, Mendez, Shulman, Hagler, JJ.

Twyla Carter, The Legal Aid Society, New York (Graham Ball of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Steven J. Hornstein, J.), rendered January 7, 2020, 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 five years of probation, 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. 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.

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