People v. Pierce
This text of 2024 NY Slip Op 05545 (People v. Pierce) 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.
Opinion
| People v Pierce |
| 2024 NY Slip Op 05545 |
| Decided on November 12, 2024 |
| 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 12, 2024
Before: Manzanet-Daniels, J.P., Pitt-Burke, Rosado, O'Neill Levy, Michael, JJ.
Ind. No. 2060/17 Appeal No. 2994 Case No. 2019-05568
v
Shakim Pierce, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Ashley A. Baxter of counsel), for appellant.
Judgment, Supreme Court, New York County (Edwina Richardson-Mendelson, J., at plea; Gayle P. Roberts, J., at sentencing), rendered June 12, 2019, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a jail term of 6 months, to be followed by 5 years of probation, 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 (People v Chirinos, 190 AD3d 434, 435 [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 12, 2024
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