PEOPLE v. CLARKE (2025)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Antoinette CLARKE, appellant.

2023-06888

Decided: November 05, 2025

COLLEEN D. DUFFY, J.P., WILLIAM G. FORD, DONNA–MARIE E. GOLIA, SUSAN QUIRK, JJ.

Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Brendan Ransom on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Toni Cimino, J., at plea; Leigh K. Cheng, J., at sentence), rendered July 14, 2023, convicting her of grand larceny in the fourth degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the mandatory surcharge and fees imposed at sentencing (see Penal Law § 60.35[1][a]) should be waived pursuant to CPL 420.35(2–a) is unpreserved for appellate review (see id. § 470.05[2]; People v. Forero, 236 A.D.3d 816, 817, 227 N.Y.S.3d 740). Under the circumstances, and in the absence of the People's consent, we decline to reach the issue in the exercise of our interest of justice jurisdiction.

DUFFY, J.P., FORD, GOLIA and QUIRK, JJ., concur.

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