Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Robert A. Neary, J.), rendered April 4, 2018, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of two years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for resentencing, including a youthful offender determination, and otherwise affirmed.

As the People concede, defendant is entitled to an express youthful offender determination pursuant to People v Rudolph (21 NY3d 497 [2013]). Because we are ordering a resentencing, we decline to reach the issue of defendant's request for waiver of surcharges and fees pursuant to CPL 420.35 (2-a). This issue should be addressed at the resentencing proceeding (see People v Lugo, 194 AD3d 495 [1st Dept 2021]). Concur—Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.