People v Khalil H. (Anonymous)
Attorneys and Parties
Brief Summary
Criminal law — whether courts may impose monetary surcharges and fees on youthful offenders and on defendants under 21 at sentencing.
The Supreme Court, Kings County imposed a mandatory surcharge and crime victim assistance fee in the youthful offender matter (SCI No. 70263/22), and a mandatory surcharge, deoxyribonucleic acid (DNA) databank fee, and crime victim assistance fee in the indicted matter (Ind. No. 74775/22).
The monetary assessments: (1) mandatory surcharge and crime victim assistance fee in the youthful offender adjudication; and (2) mandatory surcharge, DNA databank fee, and crime victim assistance fee in the indictment case.
Because the statutory authority to impose surcharges and fees on youthful offenders was repealed as of August 24, 2020 (L 2020, ch 144 §§ 3, 4; former Penal Law §§ 60.35[10], 60.02[3] [repealed provisions that had authorized mandatory surcharges and fees against youthful offenders]), and Criminal Procedure Law (CPL) § 420.35(2-a) [permits waiver of surcharges and fees for defendants who were less than 21 years old at the time of the offense] allows waiver for under-21 defendants; the appellate court exercised its interest-of-justice jurisdiction with the People’s consent.
Background
Defendant pleaded guilty to criminal possession of a weapon in the second degree in two separate matters in Supreme Court, Kings County: he was adjudicated a youthful offender under SCI No. 70263/22 and separately convicted under Indictment No. 74775/22. At sentencing on May 17, 2023, the court imposed mandatory monetary surcharges and fees in both matters. Defendant, who was under 21 at the time of the offense, appealed the imposition of those assessments.
Lower Court Decision
The Supreme Court (Danny Chun, J.) imposed a mandatory surcharge and crime victim assistance fee in the youthful offender case, and a mandatory surcharge, DNA databank fee, and crime victim assistance fee in the indicted case, notwithstanding the defendant’s youthful offender status in one case and his age (under 21) at the time of the offense.
Appellate Division Reversal
Modified, on the law and in the interest of justice: (1) YO case (SCI No. 70263/22) — vacated the mandatory surcharge and crime victim assistance fee because the provisions authorizing such assessments for youthful offenders were repealed as of August 24, 2020 (L 2020, ch 144 §§ 3, 4; former Penal Law §§ 60.35[10], 60.02[3] [repealed provisions authorizing surcharges/fees against youthful offenders]); (2) Indictment case (Ind. No. 74775/22) — vacated the mandatory surcharge, DNA databank fee, and crime victim assistance fee pursuant to CPL § 420.35(2-a) [permits waiver of surcharges and fees for defendants less than 21 at the time of the offense], exercising interest-of-justice jurisdiction with the People’s consent. As modified, both judgments were otherwise affirmed.
Legal Significance
Post–August 24, 2020, New York courts lack authority to impose mandatory surcharges and crime victim assistance fees on youthful offenders, and courts may waive surcharges and fees for defendants who were under 21 at the time of the offense under CPL § 420.35(2-a). Appellate courts may grant such relief as a matter of discretion in the interest of justice, particularly where the People consent.
Youthful offenders cannot be assessed mandatory surcharges or crime victim assistance fees after the 2020 repeal, and defendants who were under 21 at the time of the offense are eligible for waiver of surcharges and fees under CPL § 420.35(2-a); appellate modification is available to correct such sentencing errors.