PEOPLE v. ESCALONA

Ind. No. 999/18. Appeal No. 15208. Case No. 2020-00081.

202 A.D.3d 451 (2022)

158 N.Y.S.3d 583

2022 NY Slip Op 00742

The People of the State of New York, Respondent, v. ShaQuille Escalona, Appellant.

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

Decided February 3, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Brittany N. Francis of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Reva Grace Phillips of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.


CPL 420.35(2-a), enacted on August 24, 2020 with an immediate effective date, authorizes a trial court to waive the mandatory surcharge and fees ordinarily imposed on a convicted defendant, where the defendant was under 21 years old at the time of the underlying crime and certain other conditions are met. We need not reach the question of whether this statute applies retroactively on appeal to defendant, who was sentenced before the new statute's effective date (see People...

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