People v Hough
2026 NY Slip Op 02999 [249 AD3d 910]
May 13, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 8, 2026
The People of the State of New York, Respondent,
v
Dwayne Hough, Appellant.
May 13, 2026
HEADNOTES
Crimes — Sentence — Directing Payment of Mandatory Surcharge, Crime Victim Assistance Fee, and DNA Databank Fee by Civil Judgment Improper
APPEARANCES OF COUNSEL
Steven A. Feldman, Manhasset, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Tammy J. Smiley and Francine R. Michel of counsel), for respondent.
Appeal by the defendant from a judgement of the County Court, Nassau County (Terence P. Murphy, J.), rendered May 15, 2024, convicting him of attempted criminal sale of a controlled substance in the third degree and assault in the third degree, 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 provision thereof directing payment of the mandatory surcharge, crime victim assistance fee, and DNA databank fee by civil judgment, and substituting therefor a provision directing payment of the mandatory surcharge, crime victim assistance fee, and DNA databank fee pursuant to Penal Law § 60.35 (5); as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the period of postrelease supervision imposed as part of his sentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
However, the County Court, at sentencing, should not have directed payment of the mandatory surcharge, crime victim assistance fee, and DNA databank fee by civil judgment (see Penal Law § 60.35 [5]; People v Jones, 26 NY3d 730, 732 [2016]; People v Grant, 185 AD3d 608, 610 [2020]). Although this issue is unpreserved for appellate review (see CPL 470.05 [2]), we reach it in the exercise of our interest of justice jurisdiction (cf. People v Clemmons, 171 AD3d 1207 [2019]). Duffy, J.P., Barros, Warhit and Ottley, JJ., concur.