People of the State of New York v. Nelson Rivera
Attorneys and Parties
Brief Summary
Criminal sentencing surcharges and fees; youth eligibility for waiver under Criminal Procedure Law (CPL) § 420.35(2-a) [authorizing waiver of mandatory surcharges and fees for eligible defendants, including those under 21 at the time of the offense].
The Supreme Court, Bronx County, accepted Rivera’s guilty plea to attempted manslaughter in the first degree and sentenced him, as a second violent felony offender, to seven years’ incarceration with five years’ postrelease supervision, and imposed mandatory surcharges and fees without acknowledging his eligibility for a waiver.
Only the mandatory surcharge and fees imposed at sentencing were vacated; the conviction and sentence otherwise were affirmed.
Because Rivera was under 21 at the time of the crime and thus eligible for a waiver under CPL § 420.35(2-a), and the record showed the sentencing court and defense counsel failed to address this; the Appellate Division exercised its interest-of-justice authority to vacate the surcharges and fees, noting the People did not oppose.
Background
Nelson Rivera pleaded guilty to attempted manslaughter in the first degree and, as a second violent felony offender, received a sentence of seven years’ incarceration and five years’ postrelease supervision from the Supreme Court, Bronx County, on December 12, 2024. Despite his being under 21 at the time of the offense and the enactment of CPL § 420.35(2-a), the court imposed mandatory surcharges and fees without addressing his eligibility for a waiver. On appeal, Rivera had executed a valid waiver of the right to appeal, but sought relief concerning the surcharges and fees.
Lower Court Decision
The Supreme Court, Bronx County (Alvin Yearwood, J.), convicted Rivera upon his guilty plea and imposed sentence including mandatory surcharges and fees, without acknowledging his statutory eligibility for a waiver based on age.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment in the interest of justice by vacating the mandatory surcharge and fees, despite Rivera’s appeal waiver, citing its authority to grant such relief and noting the People did not oppose. The conviction and the remainder of the sentence were otherwise affirmed.
Legal Significance
The decision reinforces that defendants under 21 at the time of the offense are eligible for waiver of mandatory surcharges and fees under CPL § 420.35(2-a), and that the Appellate Division may use its interest-of-justice powers to grant this relief even where the defendant has executed a valid appeal waiver and the sentencing court failed to address eligibility.
Courts must consider and, where appropriate, grant waiver of mandatory surcharges and fees for defendants under 21 under CPL § 420.35(2-a); appellate courts can vacate improperly imposed surcharges and fees in the interest of justice, notwithstanding appeal waivers.