| People v Rivera |
| 2025 NY Slip Op 05754 [242 AD3d 557] |
| October 16, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v David Rivera, Appellant. |
Twyla Carter, The Legal Aid Society, New York (Kathryn Roop of counsel), for appellant.
Crimes
- Sentence
- Waiver of Surcharges and Fees for Persons Less than 21 Years Old at Time of
Crime
Judgment, Supreme Court, New York County (Edwina G. Mendelson, J. at plea;
Gayle P. Roberts, J. at sentencing), rendered July 19, 2019, convicting defendant, upon
his pleas of guilty, of burglary in the second and third degrees, and sentencing him to an
aggregate term of 3
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 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Kern, J.P., Scarpulla, Pitt-Burke, O'Neill Levy, JJ.