The People of the State of New York v. Brandon Smith
Attorneys and Parties
Brief Summary
Criminal law—sentencing surcharges and fees imposed after a guilty plea
Accepted defendant’s guilty plea to attempted criminal possession of a weapon in the second degree, imposed a two-year prison term, and assessed mandatory surcharge and fees.
Only the surcharge and fees were vacated; the conviction and sentence were otherwise affirmed.
The Appellate Division exercised its interest-of-justice authority, consistent with People v Cherif and People v Chirinos, and the People did not oppose the relief.
Background
Brandon Smith pleaded guilty in Supreme Court, Bronx County, to attempted criminal possession of a weapon in the second degree. The court sentenced him to a two-year term of imprisonment and imposed the standard surcharge and fees associated with the conviction.
Lower Court Decision
The trial court rendered judgment on October 19, 2022, convicting Smith on his guilty plea, sentencing him to two years, and assessing statutory surcharge and fees.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment to vacate the surcharge and fees as a matter of discretion in the interest of justice, otherwise affirming the conviction and sentence. The court cited People v Cherif and People v Chirinos and noted the People did not oppose the requested relief.
Legal Significance
The decision reinforces the First Department’s practice of using interest-of-justice powers on direct appeal to vacate sentencing surcharges and fees—particularly where the People do not oppose—without disturbing the underlying conviction or term of imprisonment.
In the First Department, appellate courts may vacate sentencing surcharges and fees in the interest of justice while affirming the conviction and custodial sentence.