People of the State of New York v. Brian Guitierez
Attorneys and Parties
Brief Summary
Criminal sentencing surcharges and fees; appellate authority to vacate in the interest of justice.
The Supreme Court, Bronx County, accepted a guilty plea to attempted criminal possession of a weapon in the second degree and imposed a 2-year sentence with mandatory surcharge and fees.
Only the sentencing surcharge and fees were vacated; the conviction and term of imprisonment were otherwise affirmed.
Exercising its interest-of-justice discretion and relying on People v Chirinos, 190 AD3d 434 (1st Dept 2021), with the People not opposing the relief.
Background
Defendant pleaded guilty in Supreme Court, Bronx County, to attempted criminal possession of a weapon in the second degree and was sentenced to 2 years' imprisonment. Standard surcharges and fees were imposed at sentencing. On appeal, defendant sought vacatur of those financial obligations.
Lower Court Decision
Judgment rendered December 19, 2019: plea to attempted criminal possession of a weapon in the second degree, sentence of 2 years' imprisonment, and imposition of mandatory 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, and otherwise affirmed. The Court cited People v Chirinos and noted that the People did not oppose vacatur.
Legal Significance
Confirms the Appellate Division, First Department’s willingness to exercise interest-of-justice powers to vacate mandatory surcharges and fees, particularly where the People do not oppose, aligning with People v Chirinos and continuing a trend of discretionary relief from financial impositions in criminal cases.
In the First Department, defendants may obtain vacatur of sentencing surcharges and fees in the interest of justice—especially when unopposed—without disturbing the underlying conviction or custodial sentence.