People v. Clarke

People v Clarke (2025 NY Slip Op 06070) People v Clarke 2025 NY Slip Op 06070 Decided on November 5, 2025 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 November 5, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department COLLEEN D. DUFFY, J.P. WILLIAM G. FORD DONNA-MARIE E. GOLIA SUSAN QUIRK, JJ. [*1]The People of the State of New York, respondent, v Antoinette Clarke, appellant. Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Brendan Ransom on the brief), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Queens County (Toni Cimino, J., at plea; Leigh K. Cheng, J., at sentence), rendered July 14, 2023, convicting her of grand larceny in the fourth degree, upon her plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's contention that the mandatory surcharge and fees imposed at sentencing (see Penal Law § 60.35[1][a]) should be waived pursuant to CPL 420.35(2-a) is unpreserved for appellate review (see id. § 470.05[2]; People v Forero, 236 AD3d 816, 817). Under the circumstances, and in the absence of the People's consent, we decline to reach the issue in the exercise of our interest of justice jurisdiction. DUFFY, J.P., FORD, GOLIA and QUIRK, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court