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RE: A JUVENILE OFFENDER, THE SURCHARGE AND CRIME VICTIM ASSISTANCE FEE SHOULD NOT HAVE BEEN ASSESSED, AND THE CONSECUTIVE 2 TO 6 SENTENCES ARE ILLEGAL (FOURTH DEPT).

The Fourth Department determined, because defendant is a juvenile offender, the surcharge and crime victim assistance fee must be vacated and the two consecutive 2 to 6 year sentences were illegal:

The People correctly concede in each appeal that the surcharge and crime victim assistance fee must be vacated because defendant is a juvenile offender ( … Penal Law §§ 60.00 [2]; 60.10 …). We therefore modify the adjudication in each appeal accordingly.

The People further correctly concede in each appeal that the aggregate duration of the two consecutive sentences, i.e., 2 to 6 years, is illegal (see Penal Law §§ 60.02 [2]; 70.00 [2] [e]; [3] [b] …), and that defendant’s challenge to the illegal sentence in each appeal survives his waiver of his right to appeal and does not require preservation … . People v Antonio J., 2019 NY Slip Op 04826, Fourth Dept 6-14-19

 

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