People v. Cruz
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Attorneys and Parties
Brief Summary
Criminal law sentencing, specifically whether mandatory surcharges and fees should be waived for a youthful indigent defendant.
The Supreme Court, Kings County, accepted the defendant's guilty plea to attempted criminal possession of a weapon in the second degree and imposed sentence, including postrelease supervision and mandatory surcharge and fees.
The Appellate Division vacated the imposition of the mandatory surcharge and fees, but otherwise affirmed the judgment, including the period of postrelease supervision.
Because Criminal Procedure Law § 420.35(2-a) [permits waiver of surcharges and fees for individuals who were less than 21 years old at the time of the crime], and the defendant was under 21, indigent, and the People consented to the waiver; the court exercised its interest-of-justice jurisdiction to grant that relief.
Background
Tommy Cruz appealed from a January 17, 2023 judgment of the Supreme Court, Kings County, entered after he pleaded guilty to attempted criminal possession of a weapon in the second degree. He challenged aspects of the sentence imposed, including the financial penalties.
Lower Court Decision
The lower court convicted Cruz upon his guilty plea and imposed sentence, including a period of postrelease supervision as well as a mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment by vacating the mandatory surcharge and fees. It held that the postrelease supervision term was not excessive, but concluded that relief from the surcharge and fees was warranted under CPL 420.35(2-a)(c) in light of the defendant's age, indigency, and the People's consent.
Legal Significance
The decision reinforces that appellate courts may use their interest-of-justice authority to waive criminal surcharges and fees for defendants who were younger than 21 at the time of the offense under Criminal Procedure Law § 420.35(2-a), especially where indigency is shown and the prosecution consents.
A youthful indigent defendant may obtain vacatur of mandatory surcharges and fees on appeal under CPL 420.35(2-a), even when the conviction and the rest of the sentence are otherwise affirmed.