People v Mallette (2025 NY Slip Op 03737)
People v Mallette
2025 NY Slip Op 03737 [239 AD3d 886]
June 18, 2025
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 6, 2025


[*1]
 The People of the State of New York, Respondent,
v
Christian Mallette, Appellant.

Patricia Pazner, New York, NY (Alexa Askari of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Rebecca Siegel on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew J. D'Emic, J.), rendered January 3, 2023, convicting him of petit larceny, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of a mandatory surcharge and fees; as so modified, the judgment is affirmed.

"Criminal Procedure Law § 420.35 (2-a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime" (People v Cabrera, 222 AD3d 878, 879 [2023]). Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the mandatory surcharge and fees imposed upon the defendant at sentencing (see CPL 420.35 [2-a] [c]; People v Odesanya, 225 AD3d 631, 632 [2024]). Barros, J.P., Ford, Ventura and Golia, JJ., concur.