People of the State of New York v. H.A.
Attorneys and Parties
Brief Summary
Criminal law—appellate modification of mandatory sentencing surcharges and fees
The Supreme Court, New York County (Justice Laura A. Ward) imposed the mandatory surcharge and fees as part of the defendant's sentence.
The Appellate Division vacated the mandatory surcharge and fees; the judgments were otherwise affirmed.
Exercising its interest-of-justice powers and relying on People v Chirinos (190 AD3d 434 [1st Dept 2021]); the People did not oppose the requested relief.
Background
Defendant H.A. appealed from April 8, 2025 judgments of the Supreme Court, New York County, which included the imposition of a mandatory surcharge and fees at sentencing. The appeal sought relief from these financial obligations.
Lower Court Decision
The trial court entered judgments and, as part of sentencing, imposed the statutory mandatory surcharge and associated fees on the defendant.
Appellate Division Reversal
The Appellate Division unanimously modified the judgments by vacating the mandatory surcharge and fees in the interest of justice, citing People v Chirinos, and otherwise affirmed the judgments.
Legal Significance
The decision reaffirms the Appellate Division’s authority to modify a sentence to vacate otherwise mandatory surcharges and fees in the interest of justice, consistent with People v Chirinos, particularly where the prosecution does not oppose such relief.
Even when labeled “mandatory,” sentencing surcharges and fees may be vacated on appeal in the interest of justice; here, the court did so and left the remainder of the judgments intact.