People v Winns
2025 NY Slip Op 00278 [234 AD3d 560]
January 16, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2025


[*1]
 The People of the State of New York, Respondent,
v
Shukija Winns, Appellant.

Twyla Carter, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant.

Judgment, Supreme Court, New York County (Ann E. Scherzer, J.), rendered July 2, 2018, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him to a jail term of 90 days, 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 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. Concur—Webber, J.P., Gesmer, Shulman, Pitt-Burke, Higgitt, JJ.