People v Aiken
Attorneys and Parties
Brief Summary
Criminal law — sentencing and financial penalties (mandatory surcharge and fees)
Upon a guilty plea to first-degree manslaughter, the Supreme Court, Queens County, imposed a determinate 19-year prison term plus 5 years of postrelease supervision (PRS) and assessed the mandatory surcharge and fees.
The imposition of the mandatory surcharge and fees was vacated; the conviction and prison sentence were otherwise affirmed.
Exercising its interest-of-justice jurisdiction under CPL 420.35[2-a] [statute permitting waiver of mandatory surcharges and fees in the interest of justice], and consistent with People v Jean-Jacques, the court vacated the surcharge and fees while finding the prison sentence not excessive under People v Suitte.
Background
In 2020, at age 18, the defendant participated in multiple gang-related shootings, one of which resulted in the death of an innocent bystander. He pled guilty to manslaughter in the first degree and received a determinate sentence of 19 years' imprisonment followed by 5 years of postrelease supervision (PRS). The sentencing court also imposed the mandatory surcharge and fees.
Lower Court Decision
The Supreme Court, Queens County (Michael Aloise, J.), accepted the guilty plea to first-degree manslaughter, imposed a determinate sentence of 19 years' imprisonment with 5 years of PRS, and assessed the mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division held the sentence was not excessive (citing People v Suitte) and affirmed the conviction and term of imprisonment. However, invoking its interest-of-justice authority pursuant to CPL 420.35[2-a] [statute permitting waiver of mandatory surcharges and fees in the interest of justice] and relying on People v Jean-Jacques, it modified the judgment by vacating the mandatory surcharge and fees.
Legal Significance
The decision underscores the Appellate Division’s discretion to modify criminal judgments to waive mandatory financial assessments in the interest of justice under CPL 420.35(2-a), particularly for youthful defendants, without disturbing otherwise lawful plea-based sentences.
On appeal, New York courts may vacate mandatory surcharges and fees in the interest of justice under CPL 420.35(2-a) while affirming a lawful sentence that is not deemed excessive.