| People v Angel C. |
| 2022 NY Slip Op 02631 [204 AD3d 545] |
| April 21, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Angel C., Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Lawrence T. Hausman of counsel), and Kramer Levin Naftalis & Frankel LLP, New York (Jackson Mann of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Judgment, Supreme Court, Bronx County (George Villegas, J., at plea; Harold Adler, J., at sentencing), rendered November 14, 2018, convicting defendant of attempted burglary in the second degree, adjudicating him a youthful offender, and sentencing him to a conditional discharge for a period of three 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 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—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.