The People of the State of New York v. Jalil Khan
Attorneys and Parties
Brief Summary
Criminal law—appellate power to vacate sentencing surcharges and fees in the interest of justice.
The Supreme Court, Bronx County, accepted a guilty plea to criminal possession of a weapon in the fourth degree and imposed a one-year conditional discharge plus a surcharge and fees.
The surcharge and fees imposed at sentencing were vacated.
The Appellate Division exercised its interest-of-justice discretion, citing People v. Chirinos, and noted the People did not oppose the relief.
Background
Defendant pleaded guilty to criminal possession of a weapon in the fourth degree and received a one-year conditional discharge. As part of the sentence, the court imposed a surcharge and fees. On appeal, the defendant sought vacatur of those financial obligations.
Lower Court Decision
Judgment of conviction entered upon a guilty plea with a sentence of a one-year conditional discharge and the imposition of a surcharge and fees.
Appellate Division Reversal
Modified, as a matter of discretion in the interest of justice, to vacate the surcharge and fees imposed at sentencing; otherwise affirmed.
Legal Significance
Reaffirms the Appellate Division, First Department’s authority to modify a sentence to remove surcharges and fees in the interest of justice, consistent with People v. Chirinos, particularly where the People do not oppose such relief.
In the First Department, defendants may obtain vacatur of sentencing surcharges and fees on direct appeal when the court exercises its interest-of-justice discretion, especially where the prosecution does not oppose.