People v. Reid, Kemaul
Attorneys and Parties
Brief Summary
Criminal law—whether mandatory surcharges and fees may be waived for a defendant under 21 and the effect of an appeal waiver on excessive-sentence review.
After a guilty plea to assault in the second degree, the trial court imposed sentence, including a mandatory surcharge and fees.
The imposition of the mandatory surcharge and fees was vacated; the judgment was otherwise affirmed.
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], and with the People's consent, the Appellate Division exercised its interest-of-justice jurisdiction to waive the surcharge and fees; the defendant’s valid appeal waiver barred review of his excessive-sentence claim.
Background
The defendant pleaded guilty to assault in the second degree in Supreme Court, Kings County. He was sentenced and assessed a mandatory surcharge and fees. On appeal, he challenged the sentence as excessive and sought waiver of the financial obligations based on his age at the time of the offense.
Lower Court Decision
The Supreme Court, Kings County (Justice Dena E. Douglas), accepted the guilty plea and imposed sentence, including a mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division held that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, precluding review of his excessive-sentence claim. However, invoking Criminal Procedure Law § 420.35(2-a) and noting the People's consent, the court modified the judgment in the interest of justice by vacating the mandatory surcharge and fees, and otherwise affirmed.
Legal Significance
Confirms that a valid appeal waiver bars appellate review of excessive-sentence challenges, while clarifying that Criminal Procedure Law § 420.35(2-a) allows appellate courts, in the interest of justice and with prosecutorial consent, to vacate mandatory surcharges and fees for defendants under 21 at the time of the offense.
Even where an appeal waiver forecloses excessive-sentence review, defendants who were under 21 at the time of the offense can obtain waiver of mandatory surcharges and fees under CPL § 420.35(2-a), particularly when the People consent.