| People v J.W. |
| 2026 NY Slip Op 00624 [246 AD3d 475] |
| February 10, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v J.W., Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin G. Wiener of counsel), for appellant.
Crimes
- Sentence
- Youthful Offender
- Mandatory Surcharges and Fees
Judgment, Supreme Court, New York County (Ellen N. Biben, J., at plea; Ruth Pickholz, J., at sentencing), rendered March 16, 2023, convicting defendant, upon his plea of guilty, of attempted robbery in the third degree, adjudicating him a youthful offender, and sentencing him to a jail term of one year, unanimously modified, on the law, to the extent of vacating the mandatory surcharge and crime victim assistance fee imposed at sentencing, and otherwise affirmed.
The statutory provisions authorizing the imposition of mandatory surcharges and crime victim assistance fees upon youthful offenders were repealed effective August 24, 2020, before defendant was sentenced (L 2020, ch 144, §§ 3-4; see former Penal Law §§ 60.02 [3]; 60.35 [10]). Accordingly, the sentencing court had no authority to impose the surcharge and fee (People v L.P., 234 AD3d 578, 579 [1st Dept 2025]; People v D.S., 230 AD3d 1036 [1st Dept 2024]). Concur—Kennedy, J.P., Scarpulla, Gesmer, Mendez, Hagler, JJ.