People v. McTaggart

2025 NY Slip Op 06914

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 11, 2025
• Docket: Ind. No. 158/21; Appeal No. 5374; Case No. 2022-02187
• Status: Published

Opinion

People v McTaggart (2025 NY Slip Op 06914)

People v McTaggart

2025 NY Slip Op 06914

Decided on December 11, 2025

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: December 11, 2025
Before: Kern, J.P., Friedman, Rodriguez, Pitt-Burke, Rosado, JJ.

Ind. No. 158/21|Appeal No. 5374|Case No. 2022-02187|

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

v

George McTaggart, Defendant-Appellant.

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

Alvin L. Bragg, Jr., District Attorney, New York (Faith DiTrolio of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 4, 2022, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of five years followed by five 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 at sentencing, and otherwise affirmed.

We perceive no basis to reduce the five-year period of postrelease supervision.

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: December 11, 2025