People v. Martinez

Summary

The Appellate Division, First Department, modified a criminal judgment in the interest of justice by vacating the mandatory surcharge and fees imposed on James Martinez. The court otherwise affirmed his conviction for criminal possession of a firearm and conditional discharge sentence.

Holdings

1. The Appellate Division exercised its discretion in the interest of justice to vacate the mandatory surcharge and fees imposed at sentencing, while otherwise affirming the judgment.

Questions Presented

1. Whether the Appellate Division should exercise its interest-of-justice powers to vacate the mandatory surcharge and fees imposed at sentencing.

Disposition

other