The People of the State of New York v. Kashaun Jones
Attorneys and Parties
Brief Summary
Criminal law—validity of appeal waivers and discretionary vacatur of mandatory surcharges and fees in the interest of justice.
Accepted defendant’s guilty plea, adjudicated him a second violent felony offender, and imposed a 6-year aggregate prison term with 5 years of postrelease supervision (PRS) and mandatory surcharges and fees.
Surcharges and fees imposed at sentencing were vacated; the judgment was otherwise affirmed.
The appeal waiver was valid and foreclosed an excessive-sentence challenge; the Appellate Division exercised its interest-of-justice authority to vacate the surcharges and fees, and the People did not oppose.
Background
Defendant pleaded guilty to attempted burglary in the second degree and grand larceny in the fourth degree and was sentenced as a second violent felony offender to an aggregate term of six years’ imprisonment plus five years of postrelease supervision (PRS), along with surcharges and fees. On appeal, he argued, among other things, that his sentence was excessive and that his mental illness undermined the validity of his appeal waiver.
Lower Court Decision
The Supreme Court, New York County, accepted the plea, found defendant to be a second violent felony offender, and imposed a 6-year aggregate sentence with 5 years of PRS and standard surcharges and fees.
Appellate Division Reversal
The Appellate Division held that defendant validly waived his right to appeal, which barred his excessive-sentence argument; even if reviewed, the court saw no basis to reduce the sentence. Exercising its interest-of-justice powers, and noting the People’s lack of opposition, the court modified the judgment by vacating the surcharges and fees; in all other respects, the judgment was affirmed.
Legal Significance
Reaffirms that a properly obtained written appeal waiver, even where the defendant has mental health issues, will be enforced when the record demonstrates understanding and voluntariness, and any colloquy ambiguity is cured by the written waiver. Also underscores the Appellate Division’s willingness to use interest-of-justice powers to vacate surcharges and fees.
A valid appeal waiver forecloses an excessive-sentence challenge, and New York appellate courts may vacate surcharges and fees in the interest of justice, particularly where the People do not oppose.