Opinion
2019–11418 Ind. No. 6822/18
07-20-2022
The PEOPLE, etc., respondent, v. John DORFILS, appellant.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Diane R. Eisner, and Rachel Raimondi of counsel), for respondent.
Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Diane R. Eisner, and Rachel Raimondi of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, JOSEPH J. MALTESE, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sharen D. Hudson, J.), rendered September 16, 2019, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the period of postrelease supervision imposed as part of the sentence was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
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. Miller, 206 A.D.3d 940, 168 N.Y.S.3d 699 ; People v. Attah, 203 A.D.3d 1063, 1064, 162 N.Y.S.3d 784 ; People v. Whitfield, 198 A.D.3d 446, 447, 152 N.Y.S.3d 571 ; People v. Johnson, 195 A.D.3d 1510, 1513, 150 N.Y.S.3d 438 ).
DILLON, J.P., DUFFY, MALTESE and FORD, JJ., concur.