The People, etc., respondent, v. Alfaheed Odesanya, appellant. (2024)

Submitted—February 6, 2024

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Michael Aloise, J.), rendered January 21, 2020, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of a mandatory surcharge and fees;  as so modified, the judgment is affirmed.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

“Criminal Procedure Law § 420.35(2–a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime” (People v. Cabrera, 222 AD3d 878, 879).  Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating so much of the sentence as imposed a mandatory surcharge and fees (see CPL 420.35[2–a][c];  People v. Wilson, 222 AD3d 1009;  People v. Douglas, 205 AD3d 732, 732).

IANNACCI, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court