The People of the State of New York v. Josue Deleon
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Brief Summary
Criminal law sentencing appeal concerning whether mandatory surcharge and fees imposed at sentencing should remain in place.
The Supreme Court, New York County, convicted defendant on his guilty plea to attempted assault in the first degree and sentenced him to 3½ years in prison followed by 2½ years of post-release supervision, along with surcharge and fees.
The Appellate Division vacated only the surcharge and fees imposed at sentencing and otherwise affirmed the judgment, including the conviction and prison sentence.
The court found the sentence was not excessive but exercised its interest-of-justice discretion to vacate the surcharge and fees, citing People v Chirinos, 190 AD3d 434 [1st Dept 2021], and noting that the People did not oppose that relief.
Background
Josue Deleon pleaded guilty to attempted assault in the first degree in Supreme Court, New York County. After sentencing, he appealed from the judgment.
Lower Court Decision
On January 23, 2025, the trial court rendered judgment convicting Deleon upon his guilty plea of attempted assault in the first degree. The court imposed a sentence of 3½ years' imprisonment, followed by 2½ years of post-release supervision, and also imposed mandatory surcharge and fees.
Appellate Division Reversal
On April 7, 2026, the Appellate Division, First Department, unanimously modified the judgment in the interest of justice by vacating the surcharge and fees imposed at sentencing. The court otherwise affirmed, specifically finding that the sentence was not excessive.
Legal Significance
The decision illustrates that the Appellate Division may use its interest-of-justice authority to relieve a defendant from sentencing-related financial obligations even where the conviction and custodial sentence are upheld. It also reflects the court's reliance on People v Chirinos as support for vacating such monetary assessments.
Deleon's conviction and term of imprisonment remained intact, but the appellate court eliminated the sentencing surcharge and fees in the interest of justice.