PEOPLE v. RAHKEEM (2026)

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

The PEOPLE, etc., respondent, v. RAHKEEM S. (Anonymous), appellant.

2018–05323, (Ind.No. 8716 /14)

Decided: April 22, 2026

COLLEEN D. DUFFY, J.P., DEBORAH A. DOWLING, JANICE A. TAYLOR, LAURENCE L. LOVE, JJ.

Twyla Carter, New York, N.Y. (Mimi Lei of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Daniel Berman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Betty J. Williams, J., at plea; Matthew D'Emic, J., at sentence), rendered January 11, 2018, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the second degree, and imposing sentence.

ORDERED that the judgment is modified, on the law, by vacating the imposition of a mandatory surcharge and crime victim assistance fee; as so modified, the judgment is affirmed.

The mandatory surcharge and crime victim assistance fee imposed upon the defendant (see former Penal Law § 60.35[10] ) must be vacated in light of the retroactive application of amendments repealing the imposition of mandatory surcharges and crime victim assistance fees for youthful offenders (see L 2020, ch 144, §§ 3, 4; People v. Kahrone H., 204 A.D.3d 693, 694, 163 N.Y.S.3d 869).

DUFFY, J.P., DOWLING, TAYLOR and LOVE, JJ., concur.

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