People v. Simmons

2023 NY Slip Op 05332

Opinion

People v Simmons (2023 NY Slip Op 05332)

People v Simmons

2023 NY Slip Op 05332

Decided on October 19, 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: October 19, 2023
Before: Kapnick, J.P., Singh, Friedman, González, Shulman, JJ.

Ind No. 501/15 Appeal No. 857 Case No. 2018-3052

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

v

Jason Simmons, Defendant-Appellant.

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

Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered December 15, 2016, convicting defendant, upon his plea of guilty, of strangulation in the second degree, and sentencing him to a term of four years, 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 surcharge and fees imposed on defendant at sentencing (see People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021]). We note that the People consent to this relief.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 19, 2023