People v Monecha D.S.
2022 NY Slip Op 00277 [201 AD3d 525]
January 18, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2022


[*1]
 The People of the State of New York, Respondent,
v
Monecha D.S., Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Guy H. Mitchell, J. at plea; Gayle P. Roberts, J. at sentencing), rendered May 3, 2019, convicting defendant of grand larceny in the third degree, adjudicating her a youthful offender, and sentencing her to a conditional discharge, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge imposed at sentencing, 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 [1st Dept 2021]). Concur—Renwick, J.P., Webber, Oing, Scarpulla, Pitt, JJ.