People v Miller, 2022 NY Slip Op 04037 [206 AD3d 940]
June 22, 2022
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Dahkeem Miller, Appellant.
Patricia Pazner, New York, NY (William Kastin of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel; Marielle Burnett on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Suzanne Mondo, J.), rendered June 22, 2018, convicting him of assault in the first degree and attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that judgment is affirmed.
The period of postrelease supervision imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]).
CPL 420.35 (2-a) authorizes a court, upon certain enumerated grounds, to waive the otherwise “mandatory” surcharge and fees imposed by statute where an individual was “under the age of twenty-one at the time the offense was committed” (CPL 420.35 [2-a]). Here, although it is undisputed that the defendant was 18 years old at the time the underlying offenses were committed, the record does not demonstrate that a waiver of the mandatory surcharge and fees was warranted under any of the grounds enumerated in the statute ( see id. § 420.35 [2-a] [a]-[c]). Under the circumstances, and in the absence of the People’s consent, we decline to waive the surcharge and fees imposed at sentencing in the interest of justice ( see People v Attah , 203 AD3d 1063 , 1064 [2022]; People v Whitfield , 198 AD3d 446 , 447 [2021]; People v Johnson , 195 AD3d 1510 , 1513 [2021]). Dillon, J.P., Maltese, Wooten and Genovesi, JJ., concur..