People v Guitierez (2025 NY Slip Op 05639)
People v Guitierez
2025 NY Slip Op 05639 [242 AD3d 518]
October 14, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2025


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

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

Judgment, Supreme Court, Bronx County (Tara Collins, J., at plea; Leslie A. Stroth, J., at sentencing), rendered December 19, 2019, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of 2 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.

Based on our own interest of justice powers, we vacate the 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., Kennedy, Mendez, Rodriguez, Higgitt, JJ.