People v Tyron P.
2025 NYSlipOp 01301 [236 AD3d 446]
March 6, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 7, 2025


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

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

Judgment, Supreme Court, New York County (Edwina G. Mendelson, J.), rendered August 18, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, adjudicating him a youthful offender, and sentencing him 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, we vacate the surcharge imposed on defendant at sentencing (see People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Kern, J.P., Mendez, Rodriguez, Pitt-Burke, Higgitt, JJ.