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PEOPLE v. MACSTEVE D.

Ind. Nos. 2859/15, 2609/15, 843/19. Appeal No. 16268-16268A. Case No. 2020-01209.

208 A.D.3d 1110 (2022)

174 N.Y.S.3d 263

2022 NY Slip Op 05285

The People of the State of New York, Respondent, v. Macsteve D., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (John T. Komondorea of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.

Defendant was convicted prior to the enactment of CPL 420.35 (2-a) which permits the waiver of surcharges and fees for persons who like the defendant was less than 21 years of age at the time of the subject crime. However, pursuant to our own interest of justice powers, we waive the surcharge and fees imposed on defendant at sentencing.

Defendant's excessive sentence claim is moot because he has completed all components...

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