| People v Smith |
| 2025 NYSlipOp 06971 [244 AD3d 564] |
| December 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 Brandon Smith, Appellant. |
Twyla Carter, The Legal Aid Society, New York (Danielle A. Bernstein of counsel), for appellant.
Crimes
- Sentence
- Surcharge and Fees
Judgment, Supreme Court, Bronx County, (Albert Lorenzo, J.), rendered October 19, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two 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 Cherif, 220 AD3d 543, 544 [1st Dept 2023], lv denied 40 NY3d 1079 [2023]; People v Chirinos, 190 AD3d 434 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Moulton, J.P., Kennedy, Mendez, Michael, Chan, JJ.