People of the State of New York v. J.W.
Attorneys and Parties
Brief Summary
Criminal sentencing—whether a sentencing court may impose a mandatory surcharge and crime victim assistance fee (CVAF) on a youthful offender.
The Supreme Court adjudicated defendant a youthful offender and imposed a one-year jail term, plus a mandatory surcharge and CVAF.
The imposition of the mandatory surcharge and CVAF.
The statutory authority to impose such monetary assessments on youthful offenders was repealed before sentencing (L 2020, ch 144, §§ 3-4 [repealing provisions authorizing mandatory surcharges and crime victim assistance fees for youthful offenders effective Aug. 24, 2020]; see former Penal Law §§ 60.02 [3]; 60.35 [10] [authorizing mandatory surcharges and crime victim assistance fees upon youthful offenders]).
Background
Defendant pleaded guilty to attempted robbery in the third degree, was adjudicated a youthful offender, and was sentenced to a one-year jail term by the Supreme Court, New York County (plea before Judge Ellen N. Biben; sentencing before Judge Ruth Pickholz). Despite the 2020 repeal of the statutes authorizing monetary assessments against youthful offenders, the court imposed a mandatory surcharge and a crime victim assistance fee. Defendant appealed the monetary components of the sentence.
Lower Court Decision
The Supreme Court accepted defendant's guilty plea, adjudicated him a youthful offender, sentenced him to one year in jail, and imposed a mandatory surcharge and crime victim assistance fee.
Appellate Division Reversal
The Appellate Division modified the judgment to vacate the mandatory surcharge and crime victim assistance fee, holding the sentencing court lacked authority to impose them because the relevant provisions had been repealed effective August 24, 2020, and otherwise affirmed the judgment (citing People v L.P., 234 AD3d 578, 579 [1st Dept 2025]; People v D.S., 230 AD3d 1036 [1st Dept 2024]).
Legal Significance
Confirms that, following the 2020 repeal, courts cannot impose mandatory surcharges or crime victim assistance fees on youthful offenders. Reinforces uniform application across the First Department and provides clear guidance for sentencing in youthful offender cases.
After August 24, 2020, New York sentencing courts lack authority to assess mandatory surcharges or crime victim assistance fees against youthful offenders; any such assessments must be vacated on appeal.