PEOPLE v. MARVIN (2023)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. MARVIN R., Defendant-Appellant.

570102 /19

Decided: June 21, 2023

PRESENT: Brigantti, J.P., Michael, James, JJ.

Judgment of conviction (James G. Clynes, J. at plea; Herbert J. Moses, J. at sentencing), rendered August 6, 2018, modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and the crime assistance fee, and otherwise affirmed.

Based on our own interest of justice powers and the People's consent, we vacate the surcharge and fees imposed at sentencing (see People v. Chirinos, 190 AD3d 434 [2021]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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