PEOPLE v. BENJAMIN (2026)

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

The PEOPLE of the State of New York, Respondent, v. Clinton BENJAMIN, Defendant–Appellant.

5925

Decided: February 24, 2026

Renwick, P.J., Kennedy, Rodriguez, Pitt–Burke, O'Neill Levy, JJ.

The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Judgment, Supreme Court, New York County (Steven M. Statsinger, J.), rendered April 17, 2019, convicting defendant, upon his plea of guilty, of attempted murder in the second degree under indictment No. 2561/17, and bail jumping in the second degree under indictment No. 2350/17, and sentencing him to an aggregate term of five 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 with respect to indictment No. 2561/17 only, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing with respect to indictment No. 2561/17 (see People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note that the People consent to this relief.

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