People v. Rahkeem S.
Docket 2018-05323
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02422
- Docket
- 2018-05323
Appeal from a Supreme Court (Kings County) judgment adjudicating the defendant a youthful offender following a plea of guilty to attempted robbery in the second degree and imposing sentence.
Summary
The Appellate Division, Second Department, affirmed the judgment adjudicating the defendant a youthful offender following his guilty plea to attempted second-degree robbery, but modified the judgment by vacating the mandatory surcharge and crime victim assistance fee. The court concluded those monetary assessments must be set aside because recent legislative amendments (and subsequent state appellate authority) apply retroactively to youthful-offender dispositions and repeal mandatory surcharges and victim assistance fees for youthful offenders. All other aspects of the judgment, including the youthful offender adjudication and sentence, were left intact.
Issues Decided
- Whether the mandatory surcharge and crime victim assistance fee imposed on a youthful offender must be vacated in light of subsequent legislative amendment.
- Whether the statutory repeal of mandatory surcharges and victim assistance fees applies retroactively to youthful-offender adjudications.
Court's Reasoning
The court relied on the 2020 legislative amendments that repealed mandatory surcharges and crime victim assistance fees for youthful offenders and on controlling appellate authority applying those amendments retroactively. Because those changes eliminate the statutory basis for imposing the mandatory surcharge and victim assistance fee on youthful offenders, the court vacated those monetary assessments while leaving the underlying adjudication and sentence intact.
Authorities Cited
- Legislative amendments (L 2020, ch 144, §§ 3, 4)
- People v Kahrone H.204 AD3d 693 (2023?)
- Former Penal Law § 60.35(10)
Parties
- Appellant
- Rahkeem S.
- Respondent
- The People of the State of New York
- Judge
- Colleen D. Duffy, J.P.
- Judge
- Deborah A. Dowling, J.
- Judge
- Janice A. Taylor, J.
- Judge
- Laurence L. Love, J.
Key Dates
- Decision date
- 2026-04-22
- Judgment (plea) date
- 2018-01-11
What You Should Do Next
- 1
Amend court record and judgment
Clerks should update the judgment to remove the mandatory surcharge and crime victim assistance fee and reflect the modified judgment as directed by the appellate order.
- 2
Notify defendant regarding financial obligations
The defendant and any collection agencies should be informed that the surcharge and fee imposed in the original judgment are vacated and no longer collectible.
- 3
Consider further appellate action (for either party)
If a party wishes to challenge or seek clarification of the ruling, they should consult counsel about seeking leave to appeal to the Court of Appeals within the applicable time limits.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the youthful-offender adjudication and sentence but removed the mandatory surcharge and crime victim assistance fee from the judgment.
- Who is affected by this decision?
- The defendant (the youthful offender) is directly affected; the decision also follows precedent that can affect other persons adjudicated youthful offenders who were assessed these fees.
- Why were the fees vacated?
- Because the Legislature amended the law to repeal mandatory surcharges and victim assistance fees for youthful offenders, and the court applied that change retroactively as required by controlling authority.
- Can the People ask for further review?
- Possibly; the People could seek leave to appeal to a higher court, but the decision follows legislative change and existing appellate precedent, which weakens grounds for further relief.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Rahkeem S. - 2026 NY Slip Op 02422 People v Rahkeem S. 2026 NY Slip Op 02422 April 22, 2026 Appellate Division, Second Department The People of the State of New York, respondent, v Rahkeem S. (Anonymous), appellant. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on April 22, 2026 2018-05323, (Ind. No. 8716/14) Colleen D. Duffy, J.P. Deborah A. Dowling Janice A. Taylor Laurence L. Love, JJ. Twyla Carter, New York, NY (Mimi Lei of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Daniel Berman of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Betty J. Williams, J., at plea; Matthew D'Emic, J., at sentence), rendered January 11, 2018, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the second degree, and imposing sentence. ORDERED that the judgment is modified, on the law, by vacating the imposition of a mandatory surcharge and crime victim assistance fee; as so modified, the judgment is affirmed. The mandatory surcharge and crime victim assistance fee imposed upon the defendant ( see former Penal Law § 60.35[10]) must be vacated in light of the retroactive application of amendments repealing the imposition of mandatory surcharges and crime victim assistance fees for youthful offenders ( see L 2020, ch 144, §§ 3, 4; People v Kahrone H. , 204 AD3d 693, 694). DUFFY, J.P., DOWLING, TAYLOR and LOVE, JJ., concur. ENTER: Darrell M. Joseph