People v. Diallo

Summary

The New York Appellate Division, First Department, modified the defendant's judgment in the interest of justice by vacating the mandatory surcharge and fees imposed at sentencing. The court otherwise affirmed the conviction for attempted second-degree possession of a weapon and the one-year imprisonment sentence.

Holdings

1. The court exercised its interest-of-justice powers to vacate the mandatory surcharge and fees imposed on defendant at sentencing.
2. The judgment was affirmed in all other respects.

Questions Presented

1. Whether the appellate court should exercise its interest-of-justice powers to vacate the mandatory surcharge and fees imposed at sentencing.
2. Whether the judgment should otherwise be affirmed.

Disposition

affirmed