| People v Babatunde |
| 2025 NY Slip Op 03583 |
| Decided on June 11, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 11, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
WILLIAM G. FORD
CARL J. LANDICINO
LOURDES M. VENTURA, JJ.
v
J. Olayinka Babatunde, appellant.
Patricia Pazner, New York, NY (Alice R. B. Cullina of counsel; Maritza Medina Olazarán on the brief), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Ruth Reid on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jill Konviser, J.), rendered February 28, 2023, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment 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 is affirmed.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
Criminal Procedure Law § 420.35(2-a) permits the waiver of surcharges and fees for individuals, such as the defendant, who were less than 21 years old at the time of the crime (see People v Cabrera, 222 AD3d 878, 879). Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the mandatory surcharge and fees imposed upon the defendant at sentencing (see CPL 420.35[2-a][c]; People v Odesanya, 225 AD3d 631, 632).
DUFFY, J.P., FORD, LANDICINO and VENTURA, JJ., concur.
ENTER:Darrell M. Joseph
Clerk of the Court