The People of the State of New York, Respondent, v. Adonis Medrano, Appellant. (2025)

ORDERED that the judgment of conviction 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 of conviction is affirmed.

While not part of a judgment of conviction (see generally People v Guerrero, 12 NY3d 45, 48-49 [2009]), mandatory surcharges and fees are reviewable upon an appeal from a judgment of conviction (see People v Torres, 73 Misc 3d 136[A], 2021 NY Slip Op 51073[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]; see generally People v Islam, 233 AD3d 798 [2024]) and, here, the sole issue on appeal is a request for this court to waive the mandatory surcharge and fees imposed upon defendant at sentencing. The People oppose the waiver.

Where the person who committed the charged offense, or offenses, was less than 21 years old at the time of the offending conduct, Criminal Procedure Law § 420.35 (2-a) permits the waiver of mandatory surcharges and various fees upon certain grounds. Here, defendant was less than 21 years old at the time he committed the subject offense. Under the circumstances presented, including defendant's financial situation, we waive the mandatory surcharge and fees imposed upon defendant (see CPL 420.35 [2-a] [a], [c]; People v Dyshawn B., 196 AD3d 638 [2021]; People v Abraham, 75 Misc 3d 141[A], 2022 NY Slip Op 50600[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2022]; Torres, 2021 NY Slip Op 51073[U]).

Accordingly, the judgment of conviction is modified by vacating the mandatory surcharge and fees imposed.

MUNDY, J.P., BUGGS and QUIÑONES, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: June 20, 2025