People v. Harris - Appellate Division Opinion

New York Appellate Division

Filed March 4th, 2026

Detected March 5th, 2026

Summary

The Appellate Division of the Supreme Court of the State of New York modified a judgment against Wayne Harris by vacating the imposition of a mandatory surcharge and fees. This modification was based on the defendant being under 21 at the time of the crime, as permitted by Criminal Procedure Law § 420.35(2-a).

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What changed

The Appellate Division, Second Department, in the case of People v. Harris, modified a judgment convicting the defendant of criminal possession of a weapon in the third degree. The court vacated the mandatory surcharge and fees imposed at sentencing, citing Criminal Procedure Law § 420.35(2-a), which allows for waiver of such costs for individuals under 21 at the time of the offense. This decision was made in the interest of justice and with the consent of the People.

This ruling provides a precedent for vacating mandatory surcharges and fees in similar cases involving young offenders. Courts and legal professionals should be aware of this provision and its application in sentencing and appeals. While this specific case involved a plea of guilty, the principle may extend to other convictions where the defendant was under 21 at the time of the crime.

What to do next

Review Criminal Procedure Law § 420.35(2-a) for potential application to defendants under 21.
Assess whether mandatory surcharges and fees can be waived for eligible defendants in pending or past cases.
Consult with legal counsel regarding the implications of this decision on sentencing and appeals.

Penalties

Vacated mandatory surcharge and fees

Source document (simplified)

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March 4, 2026 Get Citation Alerts Add Note

People v. Harris

Appellate Division of the Supreme Court of the State of New York

Citations: 2026 NY Slip Op 01223
Docket Number: Ind. No. 71636/23
Opinion
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Combined Opinion

People v Harris (2026 NY Slip Op 01223)
| People v Harris |
| 2026 NY Slip Op 01223 |
| Decided on March 4, 2026 |
| 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 March 4, 2026
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
LILLIAN WAN
JAMES P. MCCORMACK
PHILLIP HOM, JJ.
2024-00079
(Ind. No. 71636/23)

*[1]The People of the State of New York, respondent,

Wayne Harris, appellant.**

Patricia Pazner, New York, NY (Raina Hasan of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Melissa Owen, and Brian Umana of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heidi Cesare, J.), rendered December 14, 2023, convicting him of criminal possession of a weapon in the third 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.

"Criminal Procedure Law § 420.35(2-a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime" (People v Dillon H., 229 AD3d 722, 723 [internal quotation marks omitted]). 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 Dillon H., 229 AD3d at 723).

BARROS, J.P., WAN, MCCORMACK and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court