The People of the State of New York v. Jeffrey Tartt
Attorneys and Parties
Brief Summary
Criminal law—sentencing surcharges and fees imposed on a defendant placed on probation
After a guilty plea to attempted criminal possession of a weapon in the second degree, the court imposed a five-year probation sentence and assessed a surcharge and fees.
The monetary surcharge and fees imposed at sentencing were vacated; the conviction and probation sentence were otherwise affirmed.
Exercising its interest-of-justice authority and consistent with People v Chirinos (190 AD3d 434, 435 [1st Dept 2021]), the court vacated the surcharge and fees; the People did not oppose this relief.
Background
Defendant pleaded guilty in Supreme Court, Bronx County, to attempted criminal possession of a weapon in the second degree. He was sentenced to five years of probation, and the court also imposed a mandatory surcharge and fees. Defendant appealed the monetary components of the sentence.
Lower Court Decision
The trial court accepted the guilty plea, imposed a five-year term of probation, and assessed a surcharge and fees as part of the sentence.
Appellate Division Reversal
Modified, as a matter of discretion in the interest of justice, to vacate the surcharge and fees imposed at sentencing; otherwise affirmed. The panel cited People v Chirinos and noted the People did not oppose the requested relief.
Legal Significance
Confirms the Appellate Division, First Department’s willingness to use its interest-of-justice powers to strike monetary surcharges and fees from a sentence while leaving the conviction and custodial or supervisory components intact, particularly where the People do not oppose and existing First Department authority (People v Chirinos) supports such relief.
On appeal, the First Department may vacate sentencing surcharges and fees in the interest of justice, even when the conviction and probationary sentence are otherwise affirmed.