People v. Barnett
Docket 2023-06639
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02412
- Docket
- 2023-06639
Appeal from a Supreme Court judgment convicting the defendant of petit larceny upon a guilty plea and imposing sentence
Summary
The Appellate Division, Second Department, affirmed defendant Michael Barnett's conviction for petit larceny entered on his guilty plea, but modified the judgment by vacating the mandatory surcharge and fees that had been imposed at sentencing. The court relied on Criminal Procedure Law § 420.35(2-a) and recent Appellate Division decisions allowing waiver of such financial penalties for defendants who were under 21 at the time of the offense. The People consented to the modification, and the court exercised its interest-of-justice jurisdiction to relieve Barnett of the surcharge and fees while leaving the conviction and sentence otherwise intact.
Issues Decided
- Whether the mandatory surcharge and fees imposed at sentencing could be vacated for a defendant who was under 21 at the time of the offense
- Whether the Appellate Division should modify the judgment in the interest of justice to waive surcharges and fees under CPL 420.35(2-a)
Court's Reasoning
The court noted that CPL 420.35(2-a) permits waiving surcharges and fees for individuals who were under 21 at the time of the crime and relied on recent Appellate Division precedents applying that statute. Because Barnett was such an individual and the People consented, the court exercised its interest-of-justice jurisdiction to vacate the mandatory surcharge and fees. The modification did not disturb the guilty plea or the remainder of the sentence.
Authorities Cited
- Criminal Procedure Law § 420.35(2-a)
- People v Dillon H.229 AD3d 722
- People v Jean-Jacques236 AD3d 1055
- People v Gonzales235 AD3d 897
Parties
- Appellant
- Michael Barnett
- Respondent
- The People of the State of New York
- Judge
- Lara J. Genovesi, J.P.
- Judge
- Linda Christopher
- Judge
- Lillian Wan
- Judge
- Donna-Marie E. Golia
Key Dates
- Decision date
- 2026-04-22
- Original judgment date
- 2023-06-21
What You Should Do Next
- 1
Confirm corrected judgment and billing
Defense counsel or the defendant should obtain a certified copy of the modified judgment and ensure court/collection records are updated to remove the surcharge and fees.
- 2
Notify relevant agencies
If the surcharge or fees were referred to any collection agency or reflected on records, counsel should notify those agencies of the vacatur to stop collection efforts.
- 3
Consider further review only if desired
Either party may consider seeking leave to appeal to a higher court if there are additional constitutional or legal issues not resolved by this decision, but the record here shows the parties consented to the modification.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the conviction but vacated the mandatory surcharge and fees imposed at sentencing.
- Why were the surcharge and fees removed?
- Under CPL 420.35(2-a) and recent Appellate Division precedent, courts may waive such financial penalties for people who were under 21 when they committed the offense; the People consented to the waiver here.
- Does this change the guilty plea or other parts of the sentence?
- No; the guilty plea and the remainder of the sentence remain in place; only the surcharge and fees were vacated.
- Who benefits from this decision?
- Defendants who were under 21 at the time of the offense and who were assessed mandatory surcharges and fees may be eligible to have them vacated under the same statute and precedent.
- Can this decision be appealed further?
- The decision could potentially be appealed to a higher court, but the record does not address whether either party sought further review.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Barnett - 2026 NY Slip Op 02412 People v Barnett 2026 NY Slip Op 02412 April 22, 2026 Appellate Division, Second Department The People of the State of New York, respondent, v Michael Barnett, appellant. (S.C.I. No. 70181/21) Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on April 22, 2026 2023-06639 Lara J. Genovesi, J.P. Linda Christopher Lillian Wan Donna-Marie E. Golia, JJ. Twyla Carter, New York, NY (Mimi Lei of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Thomas B. Litsky and Nicole Kaye of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Alexander Jeong, J., at plea; Marina C. Mundy, J., at sentence), rendered June 21, 2023, convicting him of petit larceny, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of a mandatory surcharge and fees; as so modified, the judgment is affirmed. "Criminal Procedure Law § 420.35(2-a) permits the waiver of surcharges and fees for individuals, like the defendant, who were less than 21 years old at the time of the subject crime" ( People v Dillon H. , 229 AD3d 722, 723 [internal quotation marks omitted]). Pursuant to the exercise of our interest of justice jurisdiction, and as consented to by the People, we modify the judgment by vacating the mandatory surcharge and fees imposed upon the defendant at sentencing ( see CPL 420.35[2-a][c]; People v Jean-Jacques , 236 AD3d 1055; People v Gonzales , 235 AD3d 897; People v Dillon H. , 229 AD3d at 723). GENOVESI, J.P., CHRISTOPHER, WAN and GOLIA, JJ., concur. ENTER: Darrell M. Joseph