People v Bashight
Categories
Attorneys and Parties
Brief Summary
Criminal law; whether mandatory surcharges and fees imposed at sentencing should be waived for an indigent defendant who was under 21 years old at the time of the offense.
The Supreme Court, Kings County, convicted the defendant of assault in the third degree upon his guilty plea and imposed sentence, including a mandatory surcharge and fees.
The Appellate Division vacated the portion of the sentence imposing the mandatory surcharge and fees; the conviction and the remainder of the judgment were otherwise affirmed.
Under Criminal Procedure Law § 420.35(2-a) [permits waiver of surcharges and fees for individuals who were less than 21 years old at the time of the crime], the defendant was eligible for relief because he was under 21 when the crime occurred and was indigent. The court exercised its interest of justice jurisdiction, and the People consented.
Background
The defendant pleaded guilty to assault in the third degree in Supreme Court, Kings County. After sentencing, he appealed from the judgment, challenging the imposition of mandatory financial penalties.
Lower Court Decision
The lower court rendered judgment on July 14, 2023, convicting the defendant of assault in the third degree based on his guilty plea and imposing sentence that included a mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment by vacating the mandatory surcharge and fees. It held that, given the defendant's age at the time of the offense and his indigency, waiver was appropriate under Criminal Procedure Law § 420.35(2-a) [permits waiver of surcharges and fees for individuals who were less than 21 years old at the time of the crime], citing CPL 420.35(2-a)(c) and relevant precedent. As modified, the judgment was affirmed.
Legal Significance
This decision reinforces that youthful defendants who were under 21 at the time of the offense may obtain waiver of mandatory surcharges and fees when indigency is shown, and that the Appellate Division may grant that relief in the interest of justice even after sentencing.
When a defendant was under 21 at the time of the crime and is indigent, New York courts may waive otherwise mandatory surcharges and fees under Criminal Procedure Law § 420.35(2-a).