People of the State of New York v. Jefferson Jasmin
Attorneys and Parties
Brief Summary
Criminal law and sentencing—whether appellate courts may vacate mandatory surcharges and fees imposed at sentencing.
The Supreme Court, Bronx County, accepted a guilty plea to criminal possession of a controlled substance in the fourth degree and imposed five years of probation along with a surcharge and fees.
The sentencing surcharge and fees were vacated; the conviction and probationary sentence were otherwise affirmed.
Exercising its interest-of-justice authority and relying on People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021], the court vacated the financial obligations; the People did not oppose.
Background
Defendant Jefferson Jasmin pleaded guilty under Ind. No. 2327/17 to criminal possession of a controlled substance in the fourth degree and was sentenced to five years of probation with a mandatory surcharge and fees. On appeal (Case No. 2018-04147), defendant challenged only the financial impositions.
Lower Court Decision
The Supreme Court, Bronx County (Justice Albert Lorenzo), entered judgment on June 20, 2018, imposing five years of probation and assessing the standard surcharge and fees at sentencing.
Appellate Division Reversal
The Appellate Division modified the judgment by vacating the surcharge and fees in the exercise of its interest-of-justice powers, citing People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021], and noting the People did not oppose, and otherwise affirmed the judgment.
Legal Significance
Reaffirms the Appellate Division, First Department’s willingness to use interest-of-justice discretion to relieve defendants of financial surcharges and fees, especially where the prosecution does not oppose, aligning with precedent in People v Chirinos.
In the First Department, even after a guilty plea, court-imposed surcharges and fees can be vacated on appeal in the interest of justice, particularly when unopposed by the People.