| People v Benjamin |
| 2026 NY Slip Op 01014 [246 AD3d 621] |
| February 24, 2026 |
| 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 Clinton Benjamin, Appellant. |
The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Crimes
- Sentence
- Surcharge and Fees
Judgment, Supreme Court, New York County (Steven M. Statsinger, J.), rendered April 17, 2019, convicting defendant, upon his plea of guilty, of attempted murder in the second degree under indictment No. 2561/17, and bail jumping in the second degree under indictment No. 2350/17, and sentencing him to an aggregate term of five 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 with respect to indictment No. 2561/17 only, and otherwise affirmed.
Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing with respect to indictment No. 2561/17 (see People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021]). We note that the People consent to this relief. Concur—Renwick, P.J., Kennedy, Rodriguez, Pitt-Burke, O'Neill Levy, JJ.