People v Robinson, 2024 NY Slip Op 00438 [223 AD3d 917]

January 31, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Matthew Robinson, Appellant.

Patricia Pazner, New York, NY (Sean H. Murray of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Michael Tadros of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry A. Schwartz, J.), rendered January 8, 2020, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Although it is undisputed that the defendant was 18 years old at the time the underlying offense was committed, the record does not demonstrate that a waiver of the mandatory surcharge and fees was warranted under any of the grounds enumerated in CPL 420.35 (2-a). 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 Dorfils , 207 AD3d 654 , 654-655 [2022]; People v Miller , 206 AD3d 940 , 941 [2022]; People v Attah , 203 AD3d 1063 , 1064 [2022]). LaSalle, P.J., Maltese, Voutsinas and Love, JJ., concur..