PEOPLE v. BRANDON (2025)

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

The PEOPLE of the State of New York, Respondent, v. BRANDON S., Defendant–Appellant.

5402

Decided: December 18, 2025

Webber, J.P., Gesmer, González, Pitt–Burke, Higgitt, JJ.

Twyla Carter, The Legal Aid Society, New York (Danielle A. Bernstein of counsel), for appellant.

Judgments, Supreme Court, Bronx County (Denis Boyle, J.), rendered January 8, 2020, convicting defendant, upon his pleas of guilty, of burglary in the second degree and robbery in the second degree (two counts), adjudicating him a youthful offender, and sentencing him to concurrent terms of 1 to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharges and fees imposed on defendant at sentencing, and otherwise affirmed.

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, 435, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note that the People do not oppose this relief.

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