PEOPLE v. D. S., Defendant–Appellant. (2024)

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

The PEOPLE of the State of New York, Respondent, v. D. S., Defendant–Appellant.

2603

Decided: September 24, 2024

Singh, J.P., Gesmer, Scarpulla, Rodriguez, Michael, JJ.

Twyla Carter, The Legal Aid Society, New York (Megan Taeschler of counsel), for appellant. Alvin L. Braggs, Jr., District Attorney, New York (Julianna Sousou of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered November 10, 2021, convicting defendant, upon her plea of guilty, of grand larceny in the third degree, adjudicating her a youthful offender, and sentencing her to a conditional discharge for a period of three years, unanimously modified, on the law, to the extent of vacating the mandatory surcharge and crime victim assistance fee imposed on defendant 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authorizing the imposition of mandatory surcharges and crime victim assistance fees upon youthful offenders were repealed effective August 24, 2020, before defendant was sentenced (L 2020, ch 144, §§ 3–4; see former Penal Law §§ 60.02 [3], 60.35[10]).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 (see People v. Jaquan K., 223 A.D.3d 481, 481, 201 N.Y.S.3d 61 [1st Dept. 2024]).

We perceive no basis for reducing the sentence.

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