THE PEOPLE OF THE STATE OF NEW YORK v. Darren Cassanova, Defendant–Appellant. (2026)

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered February 16, 2023, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed on defendant at sentencing, and otherwise affirmed.

Based on our own interest of justice powers, we vacate the mandatory surcharge and fees imposed on defendant at sentencing (People v. Chirinos, 190 AD3d 434 [1st Dept 2021] ).  We note that the People do not oppose this relief.