The People of the State of New York v Darren Cassanova
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Attorneys and Parties
Brief Summary
Criminal sentencing, specifically whether mandatory surcharges and fees imposed at sentencing should be vacated in the interest of justice.
The Supreme Court, Bronx County, rendered judgment against defendant on February 16, 2023, and imposed sentence including a mandatory surcharge and fees.
The Appellate Division vacated the surcharge and fees imposed at sentencing.
The court exercised its interest-of-justice powers and relied on People v Chirinos, 190 AD3d 434 [1st Dept 2021]. The People did not oppose that relief.
Background
Defendant Darren Cassanova appealed from a criminal judgment entered in Supreme Court, Bronx County. On appeal, he sought relief from the monetary obligations imposed at sentencing.
Lower Court Decision
The lower court rendered judgment on February 16, 2023, and imposed sentence that included a mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division, First Department, unanimously modified the judgment, as a matter of discretion in the interest of justice, by vacating the surcharge and fees imposed at sentencing, and otherwise affirmed the judgment.
Legal Significance
The decision confirms that the Appellate Division, First Department may use its interest-of-justice authority to vacate mandatory sentencing surcharges and fees in criminal cases, consistent with People v Chirinos, 190 AD3d 434 [1st Dept 2021], particularly where the prosecution does not oppose that relief.
Although the conviction and remaining sentence were affirmed, the appellate court eliminated the sentencing surcharge and fees in the interest of justice.