PEOPLE v. ESPINAL

Appeal No. 16376. Case No. 2020-00273.

209 A.D.3d 475 (2022)

174 N.Y.S.3d 849

2022 NY Slip Op 05668

The People of the State of New York, Respondent, v. Luis Espinal, Appellant.

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

Decided October 11, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Bryan S. Furst of counsel), for appellant.

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

Concur—Gische, J.P., Kern, Gesmer, Rodriguez, Pitt, JJ.


Judgment, Supreme Court, New York County (Kevin McGrath, J., at plea, Laurie Peterson, J., at sentencing), rendered September 26, 2019, convicting defendant, of three counts of burglary in the third degree, and sentencing him to five years' 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...

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