PEOPLE v. L.P., Defendant–Appellant. (2025)

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

The PEOPLE of the State of New York, Respondent, v. L.P., Defendant–Appellant.

3542

Decided: January 21, 2025

Kern, J.P., Kennedy, González, Mendez, Rodriguez, JJ.

Twyla Carter, The Legal Aid Society, New York (Ji Hyun Rhim of counsel), for appellant.

Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered August 30, 2021, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, adjudicating him a youthful offender, and sentencing him to three years of probation, unanimously modified, as a matter of law, to the extent of vacating the surcharge and the 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authorizing the imposition of mandatory surcharges and crime victim assistance fees upon youthful offenders were repealed effective August 24, 2020, before defendant was sentenced (L 2020, ch 144, §§ 3–4; see former Penal Law §§ 60.02 [3]; 60.35[10]).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. D.S., 230 A.D.3d 1036, 217 N.Y.S.3d 65 [1st Dept. 2024]).

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