PEOPLE v. ROCKEEM (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered April 27, 2023, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, adjudicating him a youthful offender, and sentencing him to a term of 11/3 to 4 years;  and judgment, same court and Justice, rendered April 27, 2023, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of five years, to run concurrently with his sentence on the attempted assault conviction, unanimously modified, on the law as to indictment No. 70087/2020, to the extent of vacating the mandatory surcharge and fee imposed at sentencing, and otherwise affirmed;  and unanimously modified, as to indictment No. 70673/2022, as a matter of discretion in the interest of justice, to the extent of amending the sentence and commitment sheet in accordance with this decision and vacating the mandatory surcharge and fees 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authorizing the imposition of mandatory surcharges and crime victim assistance fees upon youthful offenders were repealed as of August 24, 2020, before defendant was sentenced.  Accordingly, the sentencing court had no authority to impose the surcharge and fee as to defendant's youthful offender conviction (see People v. D.S., 230 A.D.3d 1036, 1036, 217 N.Y.S.3d 65 [1st Dept. 2024];  People v. Jaquan K., 223 A.D.3d 481, 481, 201 N.Y.S.3d 61 [1st Dept. 2024]).

Based on our own interest of justice powers, we vacate the mandatory surcharge and fees imposed on defendant at sentencing on his felony conviction (see People v. Johnson, 231 A.D.3d 679, 679–680, 219 N.Y.S.3d 335 [1st Dept. 2024], lv denied 42 N.Y.3d 1053, 225 N.Y.S.3d 648, 250 N.E.3d 660 [2024];  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.

The parties agree that the sentence and commitment sheet should be amended to reflect that the correct term of postrelease supervision imposed under Indictment No. 70673/2022 is three years.