PEOPLE v. M.O., Defendant–Appellant. (2026)

Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered October 5, 2021, convicting defendant, upon his plea of guilty, of hindering prosecution in the second degree (Indictment No. 1554/19), and sentencing him to a jail term of one year, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.  Judgment, same court, and date, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree (indictment No. 241/21), and sentencing him to a concurrent prison term of two years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge, the DNA fee and the crime victim assistance fee imposed at sentencing, and otherwise affirmed.

On Indictment No. 1554/19, we vacate the sentence and remand the matter for resentencing because, as the People concede, the court failed to determine defendant's youthful offender status on the record (see People v. D.B., 240 A.D.3d 445, 446, 239 N.Y.S.3d 128 [1st Dept 2025], lv denied 44 N.Y.3d 1010, 244 N.Y.S.3d 518, 271 N.E.3d 720 [2025] ).

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing on indictment No. 241/21 (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.