People of the State of New York v. Jose A.
Attorneys and Parties
Brief Summary
Criminal law — sentencing surcharge imposed on a youthful offender
Imposed a mandatory surcharge at sentencing while adjudicating defendant a youthful offender and sentencing him to six months' jail and three years' probation.
The sentencing surcharge was vacated.
The Appellate Division exercised its interest-of-justice discretion, citing People v. Chirinos (190 AD3d 434 [1st Dept 2021]), and noted the People did not oppose.
Background
Defendant pleaded guilty to first-degree robbery, was adjudicated a youthful offender, and received a sentence of six months' incarceration followed by three years' probation. The sentencing court also imposed a surcharge.
Lower Court Decision
Supreme Court, Bronx County, upon a guilty plea, adjudicated the defendant a youthful offender, imposed a six-month jail term and three years' probation, and added a sentencing surcharge.
Appellate Division Reversal
The Appellate Division modified the judgment solely to vacate the surcharge as a matter of discretion in the interest of justice, otherwise affirming the youthful offender adjudication and sentence.
Legal Significance
Reaffirms the Appellate Division, First Department’s authority to vacate a sentencing surcharge in the interest of justice, consistent with People v. Chirinos, particularly where the prosecution does not oppose.
In youthful offender cases, the Appellate Division may vacate a sentencing surcharge as a discretionary interest-of-justice modification while leaving the conviction status and sentence otherwise intact.