People v. Thomas

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 26, 2026
• Docket: Ind. No. 70515/22; Appeal No. 6205; Case No. 2024-06821
• Status: Published

Opinion

People v Thomas (2026 NY Slip Op 01860)

People v Thomas

2026 NY Slip Op 01860

Decided on March 26, 2026

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: March 26, 2026
Before: Webber, J.P., González, Mendez, O'Neill Levy, Hagler, JJ.

Ind. No. 70515/22|Appeal No. 6205|Case No. 2024-06821|

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

v

Jawan Thomas, Appellant.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered October 11, 2023, 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.

Said appeal having been argued by counsel for the respective parties, and due deliberation having been had thereon, we find that the sentence was not excessive,

However, 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.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: March 26, 2026