People v Rahkeem S.
2026 NY Slip Op 02422 [248 AD3d 1142]
April 22, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2026
The People of the State of New York, Respondent,
v
Rahkeem S., Appellant.
April 22, 2026
HEADNOTES
Crimes — Sentence — Youthful Offender — Vacatur of Mandatory Surcharges and Crime Victim Assistance Fees
Statutes — Retroactive Application of Statute — Repeal of Imposition of Mandatory Surcharges and Crime Victim Assistance Fees for Youthful Offenders
APPEARANCES OF COUNSEL
Twyla Carter, New York, NY (Mimi Lei of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Daniel Berman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Betty J. Williams, J., at plea; Matthew D'Emic, J., at sentence), rendered January 11, 2018, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the second degree, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the imposition of a mandatory surcharge and crime victim assistance fee; as so modified, the judgment is affirmed.
The mandatory surcharge and crime victim assistance fee imposed upon the defendant (see former Penal Law § 60.35 [10]) must be vacated in light of the retroactive application of amendments repealing the imposition of mandatory surcharges and crime victim assistance fees for youthful offenders (see L 2020, ch 144, §§ 3, 4; People v Kahrone H., 204 AD3d 693, 694 [2022]). Duffy, J.P., Dowling, Taylor and Love, JJ., concur.