People of the State of New York v. Jaytiwon Braxton
Attorneys and Parties
Brief Summary
Criminal sentencing—scope of appellate discretion to vacate mandatory surcharges and fees
Accepted defendant’s guilty pleas and imposed two consecutive six-year terms for attempted murder in the second degree and a concurrent three-and-one-half-year term for weapon possession, plus mandatory surcharge and fees.
Only the monetary surcharge and fees imposed at sentencing were vacated.
Exercising interest-of-justice authority and citing People v. Chirinos, the court vacated the surcharge and fees; the People did not oppose. The court found no basis to reduce the incarceration terms.
Background
Defendant pleaded guilty in Supreme Court, New York County, to two counts of attempted murder in the second degree and one count of criminal possession of a weapon in the second degree. The court imposed consecutive six-year sentences on the attempted murder counts and a concurrent three-and-one-half-year sentence on the weapon count, along with a mandatory surcharge and fees. Defendant appealed, seeking sentence relief and elimination of the monetary assessments.
Lower Court Decision
The trial court accepted the pleas and sentenced defendant to consecutive six-year terms on the attempted murder counts and a concurrent three-and-one-half-year term on the weapon count, and imposed the mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division affirmed the convictions and custodial sentences, declined to reduce the sentence, but modified the judgment to vacate the surcharge and fees in the interest of justice, noting the People’s lack of opposition (citing People v. Chirinos, 190 AD3d 434, 435 [1st Dept 2021]).
Legal Significance
Reaffirms the Appellate Division’s discretionary power to vacate mandatory surcharges and fees in appropriate cases as a matter of interest of justice, even while otherwise affirming the custodial sentence.
Convictions and prison terms stand; only the monetary surcharge and fees were vacated as an interest-of-justice modification.