PEOPLE v. RIVERA (2025)

Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered December 12, 2024, convicting defendant, upon his plea of guilty, of attempted manslaughter in the first degree, and sentencing him, as a second violent felony offender, to a prison term of seven years of incarceration followed by five years of postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and fees imposed at sentencing, and otherwise affirmed.

Although defendant was convicted after the enactment of Criminal Procedure Law § 420.35(2–a) and was under the age of 21 years at the time of the crime, the sentencing court and defense counsel failed to acknowledge his eligibility for a waiver of surcharges and fees.  Notwithstanding defendant's valid waiver of appeal (see People v. Castillo, 226 A.D.3d 573, 574, 207 N.Y.S.3d 525 [1st Dept. 2024] lv denied 41 N.Y.3d 1017, 214 N.Y.S.3d 306, 237 N.E.3d 1246 [2024]), we vacate the surcharge and fees imposed on defendant at sentencing based on our own interest of justice powers (see People v. Chirinos, 190 A.D.3d 434, 435, 135 N.Y.S.3d 641 [1st Dept. 2021]).  We note that the People do not oppose this relief.

We have considered defendant's remaining arguments and find them unavailing.