The People v Kareem Waters
Categories
Attorneys and Parties
Brief Summary
Criminal sentencing, specifically whether mandatory surcharges and fees should be waived for a defendant who was under 21 years old at the time of the offense 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 Supreme Court, Kings County, accepted the defendant's guilty plea to attempted criminal possession of a weapon in the second degree, convicted him, and imposed sentence including a mandatory surcharge and fees.
The Appellate Division vacated only the imposition of the mandatory surcharge and fees; the conviction and the remainder of the sentence were affirmed.
Because the defendant was under 21 at the time of the offense, the court concluded that waiver was authorized under CPL 420.35(2-a), and, in the interest of justice and with the People's consent, modified the judgment to remove those financial obligations.
Background
Kareem Waters appealed from a January 17, 2024 judgment of the Supreme Court, Kings County, which convicted him upon his guilty plea of attempted criminal possession of a weapon in the second degree. The appeal concerned the sentencing component imposing a mandatory surcharge and fees.
Lower Court Decision
The lower court entered judgment on the defendant's guilty plea and imposed sentence, including a mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment, on the law and as a matter of discretion in the interest of justice, by vacating the mandatory surcharge and fees pursuant to CPL 420.35(2-a)(c), and otherwise affirmed the judgment as amended.
Legal Significance
The decision reinforces that appellate courts may waive mandatory surcharges and fees for eligible youthful defendants under CPL 420.35(2-a) when the defendant was younger than 21 at the time of the offense. It also shows the court's willingness to exercise its interest-of-justice jurisdiction to grant that relief, particularly where the People consent.
A defendant who was under 21 when the crime occurred may obtain relief from mandatory surcharges and fees under CPL 420.35(2-a), even if the conviction itself remains intact.