PEOPLE v. KISH (2025)

Judgment, Supreme Court, New York County (Gayle P. Roberts, J.), rendered October 29, 2019, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, attempted rape in the first degree, attempted criminal sexual act in the first degree, and sexual abuse in the first degree, and sentencing him to an aggregate term of nine years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed on defendant at sentencing, and otherwise affirmed.

The court providently exercised its discretion in denying youthful offender treatment (see generally People v. Drayton, 39 N.Y.2d 580, 583, 584, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976]), given the seriousness of the underlying crime.  Defendant followed the victim and as she entered the building's vestibule, placed her in a chokehold and attempted to murder and rape her (see People v. Fofona, 200 A.D.3d 502, 155 N.Y.S.3d 89 [1st Dept. 2021], lv denied 38 N.Y.3d 927, 164 N.Y.S.3d 23, 184 N.E.3d 844 [2022]).

We perceive no basis to substitute a youthful offender adjudication in the interest of justice, nor do we perceive any basis for reducing the sentence.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v. Chirinos, 190 A.D.3d 434, 135 N.Y.S.3d 641 [1st Dept. 2021]).  We note that the People do not oppose this relief.