| People v Miller |
| 2022 NY Slip Op 04037 [206 AD3d 940] |
| June 22, 2022 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Dahkeem Miller, Appellant. |
Patricia Pazner, New York, NY (William Kastin of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel; Marielle Burnett on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Suzanne Mondo, J.), rendered June 22, 2018, convicting him of assault in the first degree and attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that judgment is affirmed.
The period of postrelease supervision imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
CPL 420.35 (2-a) authorizes a court, upon certain enumerated grounds, to waive the otherwise "mandatory" surcharge and fees imposed by statute where an individual was "under the age of twenty-one at the time the offense was committed" (CPL 420.35 [2-a]). Here, although it is undisputed that the defendant was 18 years old at the time the underlying offenses were committed, the record does not demonstrate that a waiver of the mandatory surcharge and fees was warranted under any of the grounds enumerated in the statute (see id. § 420.35 [2-a] [a]-[c]). Under the circumstances, and in the absence of the People's consent, we decline to waive the surcharge and fees imposed at sentencing in the interest of justice (see People v Attah, 203 AD3d 1063, 1064 [2022]; People v Whitfield, 198 AD3d 446, 447 [2021]; People v Johnson, 195 AD3d 1510, 1513 [2021]). Dillon, J.P., Maltese, Wooten and Genovesi, JJ., concur.