People of the State of New York v. Erica U.
Attorneys and Parties
Brief Summary
Criminal law—sentencing surcharges and fees
The trial court imposed the mandatory surcharge and fees at sentencing.
The mandatory surcharge and fees imposed at sentencing.
The Appellate Division exercised its interest-of-justice discretion to vacate the surcharge and fees, citing People v Chirinos, 190 AD3d 434 (1st Dept 2021), and noting the People did not oppose.
Background
In Supreme Court, Bronx County (Justice Robert A. Neary), a judgment was rendered on November 2, 2020, against defendant Erica U. As part of the sentence, the court imposed the mandatory surcharge and fees. Defendant appealed, seeking vacatur of those financial assessments. The appeal was limited to the surcharges and fees; no other aspect of the judgment is described as challenged in the decision.
Lower Court Decision
The trial court entered judgment and imposed the mandatory surcharge and fees at sentencing as part of the criminal judgment.
Appellate Division Reversal
The Appellate Division modified the judgment by vacating the surcharge and fees in the interest of justice, otherwise affirming the judgment in all respects. The court relied on People v Chirinos, 190 AD3d 434 (1st Dept 2021), and noted that the People did not oppose the relief.
Legal Significance
Reaffirms the Appellate Division, First Department’s willingness to use its interest-of-justice authority on direct appeal to vacate mandatory surcharges and fees, particularly where the prosecution does not oppose, consistent with People v Chirinos.
On direct appeal in the First Department, mandatory sentencing surcharges and fees can be vacated in the interest of justice—especially when unopposed by the prosecution—while the underlying judgment otherwise remains affirmed.