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

Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), for respondent.

Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered February 1, 2019, convicting defendant, upon his plea of guilty, of assault in the first degree, criminal possession of a weapon in the second degree and conspiracy in the second degree, and sentencing him to an aggregate term of 14 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.

Although we find that defendant's waiver of the right to appeal was invalid, we perceive no basis for reducing the sentence.

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., Kapnick, Oing, Moulton, Higgitt, JJ.