PEOPLE v. DILLON (2024)

DECISION & ORDER

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (John T. Hecht, J.), rendered September 25, 2018, adjudicating him a youthful offender, upon his plea of guilty to criminal possession of a firearm under Indictment No. 3377/17, and imposing sentence, and (2) a judgment of the same court rendered September 25, 2018, adjudicating him a youthful offender, upon his plea of guilty to criminal possession of a weapon in the second degree under Indictment No. 6181/17, and imposing sentence.

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

“Criminal Procedural 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 A.D.3d 878, 879, 200 N.Y.S.3d 101).  “This provision applies retroactively to cases, such as this one, that were pending on direct appeal on the effective date of the legislation” (People v. Torres, 225 A.D.3d 632, 632, 204 N.Y.S.3d 591).

Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgments by vacating the mandatory surcharges and fees imposed upon the defendant at sentencing (see CPL 420.35[2–a][c];  People v. Jaaber, 223 A.D.3d 685, 685, 202 N.Y.S.3d 457;  People v. Christopher D., 210 A.D.3d 905, 905, 176 N.Y.S.3d 795).

DUFFY, J.P., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.