PEOPLE v. RIVERA

Ind. No. 79/19. Appeal No. 659. Case No. 2019-03891.

219 A.D.3d 1254 (2023)

195 N.Y.S.3d 480

2023 NY Slip Op 04825

The People of the State of New York, Respondent, v. David Rivera, Appellant.

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

Decided September 28, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Sylvia Lara Altreuter of counsel), for appellant.

Concur—Webber, J.P., Friedman, González, Rodriguez, Pitt-Burke, JJ.


Judgment, Supreme Court, Bronx County (Marsha D. Michael, J.), rendered May 14, 2019, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a term of one year, 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...

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