People of the State of New York v. David Rivera
Attorneys and Parties
Brief Summary
Criminal law — whether appellate courts may vacate mandatory surcharges and fees as a matter of interest-of-justice discretion.
The trial court accepted defendant’s guilty pleas to burglary in the second and third degrees and imposed an aggregate prison term of 3.5 years plus statutory surcharge and fees.
Only the surcharge and fees imposed at sentencing were vacated; the convictions and term of imprisonment were otherwise affirmed.
The Appellate Division exercised its interest-of-justice authority, citing People v Chirinos (190 AD3d 434 [1st Dept 2021]), and noted the People did not oppose.
Background
David Rivera pleaded guilty in Supreme Court, New York County, to burglary in the second degree and burglary in the third degree. Justice Edwina G. Mendelson took the plea; Justice Gayle P. Roberts imposed an aggregate sentence of 3.5 years' imprisonment and assessed the statutory surcharge and fees. Rivera appealed, challenging only the financial components of the sentence.
Lower Court Decision
The Supreme Court accepted the guilty pleas and imposed the agreed-upon custodial sentence along with the mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment to vacate the surcharge and fees based on its interest-of-justice powers, citing People v Chirinos (190 AD3d 434 [1st Dept 2021]). The court noted the People did not oppose this relief and otherwise affirmed the judgment.
Legal Significance
Reaffirms the First Department’s discretion to vacate mandatory surcharges and fees in the interest of justice, consistent with People v Chirinos, particularly where the prosecution does not oppose such relief.
On appeal, financial penalties like surcharges and fees may be vacated in the interest of justice even when the underlying conviction and prison term are affirmed.