People v Martinez
2026 NY Slip Op 02935 [249 AD3d 478]
May 12, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 8, 2026
The People of the State of New York, Respondent,
v
James Martinez, Appellant.
May 12, 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 (Gregory Carro, J.), rendered September 13, 2023, convicting him of criminal possession of a firearm, and sentencing him to a conditional discharge, 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—Renwick, J.P., Friedman, Kapnick, Pitt-Burke, O'Neill Levy, JJ.