People v. Harris
Attorneys and Parties
Brief Summary
Criminal law—whether mandatory surcharges and fees must be waived for a defendant who was under 21 at the time of the offense under CPL 420.35(2-a) [permits waiver of surcharges and fees for individuals less than 21 years old at the time of the crime].
Accepted a guilty plea to criminal possession of a weapon in the third degree and imposed the mandatory surcharge and fees at sentencing.
The imposition of the mandatory surcharge and fees was vacated; the conviction was otherwise affirmed.
Because CPL 420.35(2-a) authorizes waiver of surcharges and fees for defendants under 21 at the time of the crime, and the Appellate Division exercised its interest-of-justice jurisdiction with the People’s consent, consistent with People v. Dillon H.
Background
Wayne Harris pleaded guilty in Supreme Court, Kings County, to criminal possession of a weapon in the third degree (Ind. No. 71636/23). Although he was under 21 at the time of the offense, the court imposed the mandatory surcharge and fees at sentencing. Harris appealed, challenging only the financial obligations.
Lower Court Decision
The Supreme Court, Kings County (Heidi Cesare, J.), rendered judgment on December 14, 2023, convicting Harris upon his guilty plea and imposing sentence, including the mandatory surcharge and fees.
Appellate Division Reversal
As a matter of law and in the interest of justice, and with the People’s consent, the Appellate Division modified the judgment by vacating the mandatory surcharge and fees pursuant to CPL 420.35(2-a) and affirmed the judgment as modified, citing People v. Dillon H., 229 AD3d 722.
Legal Significance
Reaffirms that defendants who were under 21 at the time of the offense are eligible for waiver of mandatory surcharges and fees under CPL 420.35(2-a), and that the Appellate Division may grant such relief in the interest of justice on appeal, particularly where the People consent.
Under CPL 420.35(2-a), mandatory surcharges and fees should be waived for defendants who were under 21 when the crime occurred; appellate courts can vacate these financial obligations in the interest of justice while leaving the conviction intact.