The People of the State of New York v Ameer Cassaberry
Categories
Attorneys and Parties
Brief Summary
Criminal law; whether the appellate court should, in the interest of justice, vacate mandatory surcharges and fees imposed at sentencing after a guilty plea weapon-possession conviction.
The trial court convicted defendant upon his guilty plea of criminal possession of a weapon in the second degree and sentenced him to 3.5 years' imprisonment followed by 2.5 years of post-release supervision, and also imposed surcharges and fees.
The Appellate Division vacated the surcharge and fees imposed at sentencing, but otherwise affirmed the judgment of conviction and sentence.
The court exercised its interest-of-justice authority to vacate the monetary assessments, citing People v Chirinos, 190 AD3d 434 [1st Dept 2021], and noted that the People did not oppose that relief.
Background
Ameer Cassaberry pleaded guilty in Supreme Court, New York County, to criminal possession of a weapon in the second degree. He was sentenced on August 14, 2024 to 3.5 years in prison and 2.5 years of post-release supervision, along with mandatory surcharge and fees. He appealed from the judgment.
Lower Court Decision
Supreme Court, New York County, entered judgment convicting defendant on his guilty plea of criminal possession of a weapon in the second degree and imposed a prison term of 3.5 years, 2.5 years of post-release supervision, and sentencing surcharges and fees.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment, as a matter of discretion in the interest of justice, solely to vacate the surcharge and fees imposed at sentencing. The conviction and the custodial and supervision portions of the sentence were otherwise affirmed.
Legal Significance
This decision reinforces that the Appellate Division may use its interest-of-justice powers to relieve a criminal defendant of mandatory sentencing surcharges and fees in appropriate circumstances, particularly where the People do not oppose that relief.
Even when a conviction and prison sentence remain intact after a guilty plea, the Appellate Division may still modify the judgment to eliminate sentencing surcharges and fees in the interest of justice.