PEOPLE v. HOWELL (2025)

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

The PEOPLE of the State of New York, Respondent, v. Mitchell HOWELL, Defendant–Appellant.

5408

Decided: December 18, 2025

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

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

Judgment, Supreme Court, Bronx County (James A. McCarty, J.), rendered February 24, 2022, as amended July 29, 2022, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him, as a second felony offender, to a term of 11/212 to 3 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.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v. Crenshaw, 226 A.D.3d 519, 209 N.Y.S.3d 369 [1st Dept. 2024], lv denied 41 N.Y.3d 1017, 214 N.Y.S.3d 315, 237 N.E.3d 1254 [2024]). We note that the People do not oppose this relief.

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