People of the State of New York v. Dillon D. Johnson-Watson
Attorneys and Parties
Brief Summary
Criminal law (sentencing) — appellate authority to vacate mandatory surcharges and fees in the interest of justice.
The trial court accepted a guilty plea to assault in the second degree, imposed a three-year sentence, and assessed a surcharge and fees.
Only the sentencing surcharge and fees were vacated; the conviction and prison term were affirmed.
The Appellate Division exercised its interest-of-justice discretion, citing People v Crenshaw, 226 AD3d 519 (1st Dept 2024), lv denied 41 NY3d 1017 (2024), and noting the People did not oppose.
Background
Defendant pleaded guilty to assault in the second degree and received a three-year sentence. The trial court also imposed a statutory surcharge and various fees at sentencing. Defendant appealed, seeking relief from the financial assessments.
Lower Court Decision
Supreme Court, New York County, rendered judgment on November 28, 2022, convicting defendant upon his guilty plea of assault in the second degree, sentencing him to three years’ imprisonment, and imposing a surcharge and fees.
Appellate Division Reversal
The Appellate Division modified the judgment, as a matter of discretion in the interest of justice, to vacate the surcharge and fees imposed at sentencing, and otherwise affirmed the conviction and sentence. The court cited People v Crenshaw and noted the People did not oppose this relief.
Legal Significance
Confirms the Appellate Division, First Department’s willingness to use its interest-of-justice authority to remove financial assessments imposed at sentencing, even where the conviction and custodial sentence remain intact, aligning with its recent precedent.
On appeal, the First Department may vacate sentencing surcharges and fees in the interest of justice—particularly where the People do not oppose—while leaving the conviction and term of imprisonment undisturbed.