PEOPLE v. BASHIGHT (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Eugene Guarino, J.), rendered July 14, 2023, convicting him of assault in the third 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. Cabrera, 222 A.D.3d 878, 879, 200 N.Y.S.3d 101).  In light of the defendant's age at the time of the crime and his indigency, pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating so much of the sentence as imposed a mandatory surcharge and fees (see CPL 420.35[2–a][c];  People v. Odesanya, 225 A.D.3d 631, 632, 204 N.Y.S.3d 589).

DUFFY, J.P., BARROS, WARHIT and OTTLEY, JJ., concur.