People v. Savoy
Attorneys and Parties
Brief Summary
Criminal law—appellate authority to vacate mandatory court surcharges and fees with the prosecution's consent.
Upon a guilty plea to criminal possession of a firearm, the Supreme Court, Kings County, imposed sentence including the mandatory surcharge and fees.
Only the imposition of the mandatory surcharge and fees; the conviction and sentence otherwise were affirmed.
Because the People consented, the Appellate Division exercised its interest-of-justice discretion to vacate the surcharge and fees under New York Criminal Procedure Law (CPL) 420.35[2-a][c] [authorizes courts, upon the People’s consent, to waive a defendant’s mandatory surcharge and fees in the interest of justice], consistent with People v Pinnock, 239 AD3d 1000, and People v Johnson, 193 AD3d 1076.
Background
Jalique Savoy was indicted in Kings County and pleaded guilty to criminal possession of a firearm. At sentencing, the court imposed the statutorily required mandatory surcharge and fees. Savoy appealed from the judgment of conviction and sentence.
Lower Court Decision
The Supreme Court, Kings County (Phyllis Chu, J.), on December 18, 2023, entered judgment upon Savoy’s guilty plea and imposed sentence, including the mandatory surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment by vacating the mandatory surcharge and fees based on the People’s consent and the court’s interest-of-justice jurisdiction under CPL 420.35[2-a][c]; in all other respects, the judgment was affirmed.
Legal Significance
Reaffirms that, with prosecutorial consent, appellate courts may exercise interest-of-justice authority to strike mandatory surcharges and fees under CPL 420.35[2-a][c], aligning with prior Second Department precedents such as People v Pinnock and People v Johnson.
On consent of the People, the Appellate Division will vacate mandatory surcharges and fees in the interest of justice, while leaving the underlying conviction and sentence otherwise intact.