The People of the State of New York, Respondent, v. james casey, Defendant–Appellant. Ind. No. (2021)

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

The People of the State of New York, Respondent, v. james casey, Defendant–Appellant. Ind. No.

1364 5

Decided: April 22, 2021

Acosta, P.J., Renwick, Singh, Moulton, JJ.

Case No.2019–4499

Robert S. Dean, Center for Appellate Litigation, New York (Teighlor S. Bonner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered April 17, 2019, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him to a term of seven 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 the People's consent, and pursuant to our own interest of justice

powers, we waive the surcharge and fees (see People v. Chirinos, 190 AD3d 434 [1st Dept 2021] ). We find it unnecessary to reach any other issues.

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