People v. Ortiz
Attorneys and Parties
Brief Summary
Criminal law—guilty plea appeal waiver; sentence review; vacatur of surcharges and fees
Following a guilty plea, the trial court convicted defendant of attempted criminal possession of a weapon in the second degree and imposed a two-year sentence with mandatory surcharge and fees.
Only the financial penalties (surcharge and fees) were vacated; the conviction and custodial sentence were otherwise affirmed.
The Appellate Division exercised its interest-of-justice discretion to vacate the surcharge and fees, citing People v. Chirinos, and noted the People did not oppose; defendant’s valid appeal waiver, under People v. Thomas, foreclosed his excessive-sentence challenge.
Background
Luis Ortiz pleaded guilty to attempted criminal possession of a weapon in the second degree in Supreme Court, Bronx County. He received a determinate prison term of two years and was assessed a mandatory surcharge and fees. On appeal, he challenged the sentence as excessive and sought relief from the financial penalties.
Lower Court Decision
Supreme Court, Bronx County (Justice Linda Poust-Lopez) entered judgment on January 3, 2024, convicting Ortiz upon his plea and sentencing him to two years’ imprisonment with a surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment to vacate the surcharge and fees in the interest of justice, and otherwise affirmed. It held the appeal waiver was valid and barred review of the excessive-sentence claim; in any event, it perceived no basis to reduce the sentence.
Legal Significance
Reaffirms that a valid appeal waiver forecloses an excessive-sentence challenge after a guilty plea (People v. Thomas). Also reflects the First Department’s willingness, consistent with People v. Chirinos, to use its interest-of-justice authority to vacate surcharges and fees, particularly when the People do not oppose.
Even with a valid appeal waiver, the Appellate Division may modify a judgment to vacate surcharges and fees in the interest of justice, while leaving the conviction and custodial sentence intact.