People v Johnson (2025 NY Slip Op 02044)
People v Johnson
2025 NY Slip Op 02044 [237 AD3d 482]
April 8, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 4, 2025


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

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

Alvin L. Bragg, Jr., District Attorney, New York (David E. A. Crowley of counsel), for respondent.

Judgment, Supreme Court, New York County (Ann Scherzer, J.), rendered February 3, 2020, convicting defendant, upon his plea of guilty, of attempted assault in the first degree and conspiracy in the third degree, and sentencing him, as a second felony offender, to an aggregate term of six 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.

We perceive no basis for reducing the sentence.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see e.g. People v Abreu, 211 AD3d 410 [1st Dept 2022]). Concur—Moulton, J.P., González, Scarpulla, Higgitt, Michael, JJ.