The People of the State of New York v. Christopher Maldonado
Attorneys and Parties
Brief Summary
Criminal law and constitutional law (Second Amendment (2A)); validity of appeal waivers; discretionary vacatur of mandatory surcharges and fees
Following a guilty plea to attempted criminal possession of a weapon in the second degree, the court imposed five years of probation and mandatory surcharge and fees.
The mandatory surcharge and fees were vacated.
The Appellate Division exercised its interest-of-justice discretion to vacate the financial obligations, noting the People did not oppose and citing precedent allowing such relief.
Background
Defendant pleaded guilty to attempted criminal possession of a weapon in the second degree in Supreme Court, Bronx County, and received a probationary sentence with mandatory surcharge and fees. On appeal, he challenged the validity of his appeal waiver, raised a Second Amendment (2A) challenge to New York’s ban on handgun possession by those under 21, and argued the sentence was excessive.
Lower Court Decision
Supreme Court, Bronx County (Lorenzo, J.) accepted the guilty plea, found the appeal waiver valid, and sentenced defendant to five years of probation with mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division held defendant validly waived his right to appeal, which foreclosed review of his Second Amendment (2A) and excessive-sentence claims; the 2A claim was also unpreserved because it was not raised in a motion to dismiss the indictment. Exercising interest-of-justice authority, the court modified the judgment to vacate the mandatory surcharge and fees and otherwise affirmed.
Legal Significance
Reaffirms that an appeal waiver that tracks the model colloquy approved in People v Thomas and is supplemented by a reviewed written waiver is valid and forecloses appellate review of constitutional and excessive-sentence claims. Constitutional challenges such as to New York’s under-21 handgun possession ban must be preserved in a pretrial motion to dismiss to be reviewable on appeal. The court continues to use its interest-of-justice power to vacate mandatory surcharges and fees, particularly where unopposed.
A properly executed appeal waiver bars appellate review of constitutional and sentencing claims; unpreserved constitutional challenges will not be reached. The Appellate Division may, in its discretion, vacate mandatory surcharges and fees even while otherwise affirming the conviction and sentence.