People v. Benjamin

2026 N.Y. Slip Op. 01014 (N.Y. Ct. App. 2026) · Appellate Division of the Supreme Court of the State of New York, First Department · February 24, 2026 · No. Ind. Nos. 2350/17, 2561/17; Appeal No. 5925; Case No. 2019-03548

Summary

The Appellate Division, First Department modified the judgment to vacate the surcharge and fees imposed at sentencing with respect to one indictment. The court otherwise affirmed the defendant's convictions and aggregate five-year sentence, exercising its interest-of-justice authority with the People's consent.

Holdings

  1. The Appellate Division exercised its interest-of-justice powers to vacate the surcharge and fees imposed at sentencing with respect to indictment No. 2561/17.

Questions Presented

  1. Whether the Appellate Division should exercise its interest-of-justice powers to vacate the surcharge and fees imposed with respect to indictment No. 2561/17.

Disposition

other

Cases Cited (1)

  • People v. Chirinos, 190 A.D.3d 434, 435 (1st Dep't 2021)(followed)

Cited In (0)

No citing cases on record yet.

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