People of the State of New York v. Jeremiah Rivera
Attorneys and Parties
Brief Summary
Criminal sentencing—whether the Appellate Division may vacate mandatory surcharge and fees imposed at sentencing as a matter of discretion in the interest of justice.
Accepted defendant’s guilty plea to grand larceny in the third degree and imposed a sentence of three years’ probation along with the mandatory surcharge and fees.
Only the mandatory surcharge and fees imposed at sentencing were vacated; the conviction and probation sentence were otherwise affirmed.
The Appellate Division exercised its interest-of-justice discretion, relying on People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021], and noted that the People did not oppose the requested relief.
Background
Defendant Jeremiah Rivera pleaded guilty in Supreme Court, New York County, to grand larceny in the third degree. The court sentenced him to three years of probation and imposed the mandatory surcharge and fees. Rivera appealed, seeking vacatur of the surcharge and fees.
Lower Court Decision
The Supreme Court accepted the guilty plea and imposed three years of probation plus the mandatory surcharge and fees as part of the sentence.
Appellate Division Reversal
Modified the judgment, as a matter of discretion in the interest of justice, by vacating the mandatory surcharge and fees; otherwise affirmed the conviction and sentence. The court cited People v Chirinos and observed that the People did not oppose the relief.
Legal Significance
Reaffirms the Appellate Division, First Department’s willingness to use its interest-of-justice authority to vacate mandatory surcharges and fees in appropriate cases, consistent with People v Chirinos, especially where the prosecution does not oppose.
In the First Department, defendants may obtain vacatur of mandatory surcharges and fees on appeal as an interest-of-justice modification, even when the underlying conviction and probation sentence are affirmed, particularly where the People do not oppose.