PEOPLE v. LUCAS (2024)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Drezel LUCAS, Defendant–Appellant.

2606

Decided: September 26, 2024

Webber, J.P., Kern, Oing, González, Rosado, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Wiener of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J., at plea; Judith S. Lieb, J., at sentencing), rendered January 10, 2023, convicting defendant of criminal possession of a weapon in the fourth degree, and sentencing him to a conditional discharge, unanimously modified, as a matter of law, to the extent of vacating the mandatory surcharge and fees imposed on defendant at sentencing, and otherwise affirmed.

Based on defendant's age at the time of the offense and his showing that the surcharge and fees “would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support” (CPL 420.35[2–a][a]; see e.g. People v. Bowen–Frith, 68 Misc.3d 1222[A], 2020 N.Y. Slip Op. 51045[U], 2020 WL 5508072 [Crim. Ct., N.Y. County 2020]), the surcharge and fees imposed on defendant at sentencing is vacated. Vacatur of the surcharge and fees is also warranted in the interest of justice (CPL 420.35[2–a][c]). We note that the People do not oppose this relief.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network