April 7, 2026

Judgment, Supreme Court, New York County (April Newbauer, J.), rendered January 23, 2025, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him to 31/2 years followed by 21/2 years of postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed on defendant at sentencing, and otherwise affirmed.

Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, however, based on our own interest of justice powers, we vacate the mandatory surcharge and fees imposed on defendant at sentencing (People v Chirinos, 190 AD3d 434 [1st Dept 2021]). We note that the People do not oppose this relief. Concur—Webber, J.P., Kennedy, Kapnick, González, O'Neill Levy, JJ.