People v Rivera (2025 NY Slip Op 05163)
People v Rivera
2025 NY Slip Op 05163 [241 AD3d 1168]
September 25, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 5, 2025


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

Twyla Carter, The Legal Aid Society, New York (Sylvia Lara Altreuter of counsel), for appellant.

Judgment, Supreme Court, New York County (Heidi Cesare, J., at plea; Laurie Peterson, J., at sentencing), rendered December 10, 2021, convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencing him to three years of probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and fees imposed on defendant at sentencing, and otherwise affirmed.

Based on our interest of justice powers, we vacate the mandatory surcharge and fees 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—Webber, J.P., Kapnick, Gesmer, Higgitt, Hagler, JJ.