People v Howell (2025 NYSlipOp 07109)
People v Howell
2025 NYSlipOp 07109 [244 AD3d 600]
December 18, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 4, 2026


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

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

Judgment, Supreme Court, Bronx County (James A. McCarty, J.), rendered February 24, 2022, as amended July 29, 2022, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him, as a second felony offender, to a term of 11/2 to 3 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 Crenshaw, 226 AD3d 519 [1st Dept 2024], lv denied 41 NY3d 1017 [2024]). We note that the People do not oppose this relief. Concur—Webber, J.P., Gesmer, González, Pitt-Burke, Higgitt, JJ.