People v Mendoza
Attorneys and Parties
Brief Summary
Criminal procedure—whether mandatory surcharges and fees must be imposed on young adult defendants or may be waived under CPL 420.35(2-a).
The Supreme Court, Kings County, accepted the defendant’s guilty pleas and imposed sentences that included mandatory surcharges and fees.
The imposition of mandatory surcharges and fees under both indictments was vacated; the judgments were otherwise affirmed.
Under CPL 420.35(2-a) [permits waiver of surcharges and fees for individuals who were less than 21 years old at the time of the crime], and in the exercise of the court’s interest-of-justice jurisdiction with the People’s consent, the surcharges and fees were vacated.
Background
The defendant appealed from two January 9, 2024 judgments of the Supreme Court, Kings County, entered upon guilty pleas to custodial interference in the second degree (Ind. No. 75746/22) and criminal contempt in the first degree (Ind. No. 71791/23). At sentencing, the court imposed mandatory surcharges and fees. The defendant, who was under 21 at the time of the offenses, sought vacatur of those financial obligations on appeal.
Lower Court Decision
Convictions upon guilty pleas were entered and sentences imposed, including mandatory surcharges and fees associated with each indictment.
Appellate Division Reversal
The Appellate Division modified both judgments by vacating the mandatory surcharges and fees pursuant to CPL 420.35(2-a), exercising its interest-of-justice jurisdiction and noting the People’s consent, and affirmed the judgments as modified. The court cited People v Cabrera, 222 AD3d 878, and People v Babatunde, 239 AD3d 764.
Legal Significance
Confirms that defendants who were under 21 at the time of their offenses are eligible for waiver of mandatory surcharges and fees and that the Appellate Division will exercise its interest-of-justice authority to vacate such financial obligations—particularly where the People consent—without disturbing the underlying convictions.
For defendants under 21 at the time of the crime, mandatory surcharges and fees can be vacated on appeal under CPL 420.35(2-a), while the convictions and other aspects of the sentences remain intact.