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PEOPLE v. SMITH

Ind. No. 2242/16, Appeal No. 16102, Case No. 2019-672.

206 A.D.3d 434 (2022)

167 N.Y.S.3d 778

2022 NY Slip Op 03692

The People of the State of New York, Respondent, v. Justyn Smith, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Simon Greenberg of counsel), for appellant.

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

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.

Based on our own interest of justice powers and the People's consent, we vacate the surcharge and fees imposed at sentencing (see People v Chirinos, 190 A.D.3d 434 [1st...

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