The People of the State of New York v Tyler Alvarez
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Attorneys and Parties
Brief Summary
Criminal law; whether the appellate court should modify a sentencing judgment to vacate mandatory financial assessments.
The Supreme Court, New York County, rendered judgment against defendant on November 27, 2018, imposed sentence, and assessed a surcharge and fees.
The Appellate Division vacated the surcharge and fees imposed at sentencing and otherwise affirmed the judgment.
The court exercised its interest-of-justice powers, found the sentence itself was not excessive, relied on People v Chirinos, 190 AD3d 434 (1st Dept 2021), and noted that the People did not oppose the requested relief.
Background
Defendant Tyler Alvarez appealed from a November 27, 2018 judgment of the Supreme Court, New York County, in criminal case Ind. No. 962/18. The appeal challenged the sentencing judgment, including the financial assessments imposed.
Lower Court Decision
The trial court entered judgment against defendant and, at sentencing, imposed a mandatory surcharge and fees along with the sentence.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment, as a matter of discretion in the interest of justice, solely to vacate the surcharge and fees imposed at sentencing. The court otherwise affirmed the judgment and expressly found that the sentence was not excessive.
Legal Significance
This decision shows that the Appellate Division, First Department may use its interest-of-justice authority to vacate mandatory sentencing surcharges and fees even when leaving the conviction and prison sentence otherwise intact, particularly where the prosecution does not oppose that relief and precedent such as People v Chirinos supports it.
Alvarez's conviction and sentence remained in place, but the First Department removed the sentencing surcharge and fees in the interest of justice.