People v. Lyshon M.

198 N.Y.S.3d 545, 221 A.D.3d 546, 2023 NY Slip Op 06095
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 28, 2023
DocketInd. No. 787/16, 823/17 Appeal No. 1084-1084A Case No. 2018-1982
StatusPublished

This text of 198 N.Y.S.3d 545 (People v. Lyshon M.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lyshon M., 198 N.Y.S.3d 545, 221 A.D.3d 546, 2023 NY Slip Op 06095 (N.Y. Ct. App. 2023).

Opinion

People v Lyshon M. (2023 NY Slip Op 06095)
People v Lyshon M.
2023 NY Slip Op 06095
Decided on November 28, 2023
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: November 28, 2023
Before: Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Ind. No. 787/16, 823/17 Appeal No. 1084-1084A Case No. 2018-1982

[*1]The People of the State of New York, Respondent,

v

Lyshon M., Defendant-Appellant.


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



Judgments, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered July 14, 2017, convicting defendant, upon his pleas of guilty, of robbery in the first degree and grand larceny in the fourth degree, adjudicating him a youthful offender, and sentencing him to concurrent terms of one year, 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 Chirinos, 190 AD3d 434 [1st Dept

2021]). We note that the People do not oppose this relief.THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: November 28, 2023



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Bluebook (online)
198 N.Y.S.3d 545, 221 A.D.3d 546, 2023 NY Slip Op 06095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lyshon-m-nyappdiv-2023.