The People of the State of New York v. Mitchell Howell
Attorneys and Parties
Brief Summary
Criminal sentencing — discretionary vacatur of mandatory surcharge and fees on appeal.
The Supreme Court, Bronx County, accepted defendant's guilty plea to attempted assault in the second degree, adjudicated him a second felony offender, and imposed a sentence of 1.5 to 3 years plus mandatory surcharge and fees.
Only the surcharge and fees were vacated; the conviction and term of imprisonment were otherwise affirmed.
Exercising its interest-of-justice authority and citing People v Crenshaw (226 AD3d 519 [1st Dept 2024], lv denied 41 NY3d 1017 [2024]), the court vacated the surcharge and fees; the People did not oppose.
Background
Defendant Mitchell Howell pleaded guilty to attempted assault in the second degree and was sentenced as a second felony offender to 1.5 to 3 years' imprisonment. The sentencing court also imposed the mandatory surcharge and fees associated with the conviction.
Lower Court Decision
The Supreme Court, Bronx County (James A. McCarty, J.), on February 24, 2022, as amended July 29, 2022, entered judgment convicting Howell on his guilty plea and imposed a 1.5–3 year sentence with mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division, First Department, unanimously modified the judgment in the interest of justice to vacate the surcharge and fees, and otherwise affirmed the conviction and sentence. The court relied on its interest-of-justice powers and noted the People's lack of opposition, citing People v Crenshaw.
Legal Significance
Reaffirms the First Department's willingness to use discretionary interest-of-justice review to vacate financial surcharges and fees imposed at sentencing, consistent with People v Crenshaw, particularly where the People do not oppose such relief.
In the First Department, even when a conviction and custodial sentence are affirmed, the appellate court may vacate mandatory surcharges and fees in the interest of justice, especially when the People do not oppose.