The People of the State of New York v. Brandon S.
Attorneys and Parties
Brief Summary
Criminal law—appellate discretion to vacate mandatory surcharges and fees for a youthful offender (YO).
The trial court accepted guilty pleas to burglary in the second degree and two counts of robbery in the second degree, adjudicated defendant a youthful offender, imposed concurrent prison terms of 1 to 3 years, and assessed surcharges and fees.
Only the surcharges and fees were vacated; the judgments were otherwise affirmed.
The Appellate Division exercised its interest-of-justice authority, relying on People v Chirinos, 190 AD3d 434 (1st Dept 2021), and noted the People did not oppose vacatur.
Background
Defendant pleaded guilty to burglary in the second degree and two counts of robbery in the second degree in Bronx County Supreme Court. He was adjudicated a youthful offender (YO) and sentenced to concurrent terms of 1 to 3 years. The sentencing court also imposed surcharges and fees.
Lower Court Decision
Supreme Court, Bronx County (Denis Boyle, J.) rendered judgments on January 8, 2020, reflecting the YO adjudication, concurrent 1-to-3-year terms, and the imposition of surcharges and fees.
Appellate Division Reversal
The Appellate Division modified the judgments to vacate the surcharges and fees in the interest of justice, citing People v Chirinos, and otherwise affirmed the convictions and sentences. The People did not oppose the relief.
Legal Significance
Reaffirms the First Department’s willingness to use interest-of-justice powers to strike surcharges and fees imposed on youthful offenders, consistent with People v Chirinos, even where the underlying convictions and sentences are affirmed.
In the First Department, surcharges and fees imposed on a youthful offender may be vacated on appeal as a discretionary interest-of-justice remedy, particularly where unopposed, without disturbing the convictions or custodial terms.