The People, etc., respondent, v. Tyrin Mendoza, appellant. (2026)

Submitted—February 2, 2026

DECISION & ORDER

A/

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Abena Darkeh, J.), both rendered January 9, 2024, convicting him of custodial interference in the second degree under Indictment No. 75746/22 and criminal contempt in the first degree under Indictment No. 71791/23, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgment under Indictment No. 75746/22 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, and it is further,

ORDERED that the judgment under Indictment No. 71791/23 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, such as the defendant, who were less than 21 years old at the time of the subject crime (see 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 judgments under Indictment No. 75746/22 and Indictment No. 71791/23 by vacating the mandatory surcharges and fees imposed on the defendant at sentencing (see CPL 420.35[2–a][c];  People v. Babatunde, 239 AD3d 764).

IANNACCI, J.P., FORD, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court