People of the State of New York v. Kwesi Prophete
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Attorneys and Parties
Brief Summary
Criminal law; whether sentencing surcharges and fees should remain in place on appeal.
The Supreme Court, New York County, entered a criminal judgment against defendant on December 11, 2024, imposed sentence, and included surcharges and fees.
The Appellate Division vacated the surcharges and fees imposed at sentencing, while otherwise affirming the judgment.
The court modified the judgment as a matter of discretion in the interest of justice, citing People v Chirinos, 190 AD3d 434 [1st Dept 2021], and noting that the People did not oppose that relief.
Background
Defendant Kwesi Prophete appealed from a December 11, 2024 criminal judgment entered in Supreme Court, New York County. The decision text does not describe the underlying charges or conviction, but it shows that defendant challenged the judgment and sentence, including the financial obligations imposed at sentencing.
Lower Court Decision
The trial court entered judgment against defendant and imposed sentence, including a surcharge and fees. The Appellate Division found the sentence was not excessive.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment in the interest of justice by vacating the surcharge and fees imposed on defendant at sentencing, and otherwise affirmed the judgment. The court also recalled and vacated its earlier decision and order entered on February 19, 2026.
Legal Significance
This decision illustrates that the Appellate Division, First Department may grant limited sentencing relief by striking monetary surcharges and fees even while otherwise affirming a criminal judgment, particularly where the prosecution does not oppose the relief and precedent such as People v Chirinos supports that result.
The conviction and sentence largely stood, but the appellate court removed the sentencing surcharges and fees as an interest-of-justice modification.