| People v Medrano (Adonis) |
| 2025 NY Slip Op 51148(U) [86 Misc 3d 133(A)] |
| Decided on June 20, 2025 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
New York City Legal Aid Society (Anju M. Alexander of counsel), for appellant. Queens County District Attorney (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel and Brendan Ransom, Criminal Law Associate, under the supervision of counsel), for respondent.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Jerry M. Iannece, J.), rendered March 2, 2022. The judgment convicted defendant, upon a plea of guilty, of unauthorized use of a vehicle in the third degree, and imposed sentence.
ORDERED that the judgment of conviction 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 of conviction is affirmed.
While not part of a judgment of conviction (see generally People v Guerrero, 12 NY3d 45, 48-49 [2009]), mandatory surcharges and fees are reviewable upon an appeal from a judgment of conviction (see People v Torres, 73 Misc 3d 136[A], 2021 NY Slip Op 51073[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; see generally People v Islam, 233 AD3d 798 [2024]) and, here, the sole issue on appeal is a request for this court to waive the mandatory surcharge and fees imposed upon defendant at sentencing. The People oppose the waiver.
Where the person who committed the charged offense, or offenses, was less than 21 years old at the time of the offending conduct, Criminal Procedure Law § 420.35 (2-a) permits the waiver of mandatory surcharges and various fees upon certain grounds. Here, defendant was less than 21 years old at the time he committed the subject offense. Under the circumstances presented, including defendant's financial situation, we waive the mandatory surcharge and fees imposed upon defendant (see CPL 420.35 [2-a] [a], [c]; People v Dyshawn B., 196 AD3d 638 [2021]; People v Abraham, 75 Misc 3d 141[A], 2022 NY Slip Op 50600[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]; Torres, 2021 NY Slip Op 51073[U]).
Accordingly, the judgment of conviction is modified by vacating the mandatory surcharge and fees imposed.
MUNDY, J.P., BUGGS and QUIÑONES, JJ., concur.