PEOPLE v. JOSHUA (2023)

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

The PEOPLE of the State of New York, Respondent, v. JOSHUA L., Defendant–Appellant.

505 Decided: June 20, 2023

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

Twyla Carter, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.

Judgment of the Supreme Court, Bronx County (George Villegas, J.), rendered February 13, 2018, convicting defendant, upon his plea of guilty, of robbery in the first degree, adjudicating him a youthful offender, and sentencing him to a term of 1 to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and crime victim assistance fee imposed at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]). We note the People's consent.

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