People of the State of New York v. Bredy B.
Attorneys and Parties
Brief Summary
Criminal law—sentencing surcharges and fees imposed on a youthful offender (YO).
After a guilty plea to attempted robbery in the second degree, the court adjudicated defendant a youthful offender and imposed a conditional discharge along with a surcharge and fees.
The appellate court vacated the surcharge and fees imposed at sentencing.
Exercising its interest-of-justice authority and relying on People v Abreu, 211 AD3d 410, 411 [1st Dept 2022], and People v Chirinos, 190 AD3d 434 [1st Dept 2021]; the People did not oppose the relief.
Background
Defendant pleaded guilty to attempted robbery in the second degree in Supreme Court, Bronx County. He was adjudicated a youthful offender and sentenced to a conditional discharge; the court also imposed a mandatory surcharge and related fees. Defendant appealed, seeking vacatur of the financial obligations.
Lower Court Decision
Supreme Court, Bronx County (Shari Michels, J., at plea; Marsha Michael, J., at sentencing) rendered judgment on July 11, 2019, adjudicating defendant a youthful offender on a conviction for attempted robbery in the second degree, imposing a conditional discharge, and assessing a surcharge and fees.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment, vacating the surcharge and fees as a matter of discretion in the interest of justice, and otherwise affirmed the youthful offender adjudication and conditional discharge, citing People v Abreu and People v Chirinos.
Legal Significance
Reaffirms the Appellate Division, First Department’s ongoing use of its interest-of-justice discretion to vacate financial surcharges and fees in youthful offender cases, particularly where the People do not oppose, consistent with recent First Department precedent.
Even when the conviction and sentence are otherwise affirmed, the Appellate Division may modify to remove surcharges and fees in the interest of justice for youthful offenders, especially with the People’s non-opposition.