| People v Madison |
| 2025 NY Slip Op 05102 [241 AD3d 1589] |
| September 24, 2025 |
| 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 Jahrell Madison, Appellant. |
Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Jordan Najah on the brief), for respondent.
Crimes
- Sentence
- Modification in Interest of Justice
- Vacatur of Mandatory Surcharge and Fees
- Defendant Less than 21 Years Old at Time of Crime
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Eugene M. Guarino, J.), rendered February 16, 2023, convicting him of criminal possession of a weapon in the second degree (two counts), 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 so much of the sentence as imposed a mandatory surcharge and fees (see CPL 420.35 [2-a] [c]; People v Odesanya, 225 AD3d 631, 632 [2024]). Dillon, J.P., Wooten, Landicino and Golia, JJ., concur.