The People of the State of New York v. John Rondon-Tavares
Attorneys and Parties
Brief Summary
Criminal law—whether appellate courts may vacate mandatory surcharges and fees imposed at sentencing in the interest of justice.
Supreme Court, Bronx County accepted defendant's guilty plea to third-degree robbery and sentenced him to 1 to 3 years' imprisonment, imposing mandatory surcharge and fees.
The portion of the sentence imposing the surcharge and fees was vacated.
Exercising its interest-of-justice authority, the Appellate Division (AD) modified the judgment to vacate the surcharge and fees, consistent with People v Abreu and People v Chirinos; the People did not oppose this relief.
Background
Defendant pleaded guilty to robbery in the third degree and, on November 15, 2019, was sentenced to an indeterminate term of 1 to 3 years along with standard financial obligations (surcharge and fees). On appeal, defendant sought vacatur of these financial obligations. The People did not oppose vacatur.
Lower Court Decision
The Supreme Court, Bronx County, rendered judgment convicting defendant upon his guilty plea and imposed a 1-to-3-year sentence with mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division, First Department, modified the judgment by vacating the surcharge and fees in the interest of justice and otherwise affirmed the conviction and sentence of imprisonment.
Legal Significance
Affirms the Appellate Division's discretionary power to modify a sentence by vacating financial obligations in the interest of justice, aligning with People v Abreu and People v Chirinos, particularly where the prosecution does not oppose such relief.
Appellate courts may exercise interest-of-justice authority to vacate mandatory surcharges and fees while leaving the conviction and custodial sentence intact, especially when the People do not oppose.