PEOPLE v. TLATELPO (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Joanne B. Watters, J., at plea;  Bruna L. DiBiase, J., at sentence), rendered December 17, 2019, convicting him of attempted robbery 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.

“ ‘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. Dillon H., 229 A.D.3d 722, 723, 214 N.Y.S.3d 191, quoting People v. Cabrera, 222 A.D.3d 878, 879, 200 N.Y.S.3d 101;  see People v. Odesanya, 225 A.D.3d 631, 631–632, 204 N.Y.S.3d 589).  Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the mandatory surcharge and fees imposed upon the defendant at sentencing (see CPL 420.35[2–a][c];  People v. Thompson, 225 A.D.3d 713, 714, 206 N.Y.S.3d 715;  People v. Torres, 225 A.D.3d 632, 632, 204 N.Y.S.3d 591).

CONNOLLY, J.P., BRATHWAITE NELSON, LANDICINO and GOLIA, JJ., concur.