The People of the State of New York, Respondent, v. Donald Telfair, Appellant. (2026)

ORDERED that the judgment of conviction is affirmed.

On January 8, 2025, defendant pleaded guilty to two counts of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) under docket No. CR-016821- 24SU. Defendant was sentenced on April 14, 2025.

On appeal, defendant argues that his appeal waiver was not knowing, voluntary, and intelligent; that he was deprived of his right to due process when the District Court imposed an enhanced sentence without making further inquiry to determine whether he had violated a presentence condition of his plea agreement by being arrested for a new offense; that this court should apply CPL 420.35 (2-a) to vacate the mandatory surcharge and fees imposed at sentencing despite defendant being over age 21 at the time of the subject offenses; and, alternatively, that CPL 420.35 (2-a) is unconstitutional because its limitation of relief to persons under age 21 at the time of the offense constitutes impermissible discrimination.

For the reasons stated in People v Telfair (___ Misc 3d ___, 2026 NY Slip Op ___ [appeal No. 2025-822 S CR], decided herewith), the judgment of conviction is affirmed.

CONWAY, J.P., DRISCOLL and LICCIONE, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: April 30, 2026