People v. Roberts
Attorneys and Parties
Brief Summary
Criminal law — appellate discretion to vacate mandatory surcharges and fees imposed at sentencing.
The Supreme Court, Bronx County, accepted defendant's guilty plea to second-degree criminal possession of a weapon and imposed a prison term of 3.5 years, concurrent with sentences in two other indictments, and assessed a mandatory surcharge and fees.
Only the surcharge and fees imposed at sentencing were vacated; the conviction and custodial sentence were otherwise affirmed.
Exercising its interest-of-justice authority and citing People v Chirinos, 190 AD3d 434 (1st Dept 2021), and noting that the People did not oppose the relief.
Background
Defendant Paris Roberts pleaded guilty to criminal possession of a weapon in the second degree under Indictment No. 851/18. The Supreme Court, Bronx County, sentenced him to 3.5 years' imprisonment to run concurrently with sentences imposed under two separate indictments, and also imposed a mandatory surcharge and associated fees.
Lower Court Decision
Conviction upon guilty plea to second-degree weapon possession; sentence of 3.5 years to run concurrently with sentences in two other cases; mandatory surcharge and fees imposed.
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 Court referenced People v Chirinos (1st Dept 2021) and noted that the People did not oppose vacatur.
Legal Significance
Confirms the Appellate Division, First Department's continued use of its interest-of-justice powers on direct appeal to strike financial surcharges and fees imposed at sentencing, especially where the People do not oppose, without disturbing the underlying conviction or custodial term.
On direct appeal in the First Department, a defendant can obtain vacatur of sentencing surcharges and fees as an interest-of-justice modification, while the conviction and custodial sentence remain intact.