People v Cassaberry

2026 NY Slip Op 02608 [248 AD3d 692]

April 28, 2026

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 10, 2026

The People of the State of New York, Respondent,

Ameer Cassaberry, Appellant.

April 28, 2026

APPEARANCES OF COUNSEL

Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Judgment, Supreme Court, New York County (Cori H. Weston, J.), rendered August 14, 2024, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the second degree, and sentencing him to 31/2 years' imprisonment followed by 21/2 years' 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.

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., Mendez, Rodriguez, O'Neill Levy, Michael, JJ.