11 N.Y.S.3d 452
New York County Courts2015Background
- Defendant pleaded guilty to attempted criminal sale of a controlled substance in the fifth degree and was sentenced as a second felony offender to a determinate term of two years plus one year postrelease supervision.
- The court imposed a $300 mandatory surcharge, a $25 crime victim assistance fee, and a $50 DNA databank fee, directing they be collected by civil judgment.
- Uniform Sentence & Commitment form showed options for Paid, Not Paid, and Deferred; clerk marked Not Paid for the three fees but noted in Remarks that collection would be by civil judgment.
- A written civil judgment order was entered directing payment to the Nassau County Court Clerk and authorizing collection by civil process; copies were filed with the county clerk.
- Defendant challenged the treatment, seeking a new sentencing commitment with the fees marked Deferred, arguing hardship and collection from prison funds.
- The People argued in opposition that defendant was not eligible for deferral, that hardship showing was lacking, and that civil-judgment collection differed from a true deferral.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant is eligible to defer payment of mandatory surcharge, CVAF, and DNA fee | People contend no eligibility due to incarceration length and lack of unusual hardship. | Huggins-style relief requested; deferral requested to permit payment after release due to hardship from prison collection. | Deferral granted; deferment authorized by CPL article 420 and the civil-judgment mechanism. |
| Whether issuing a civil judgment that directs collection constitutes a deferral | People assert that civil-judgment collection is not a deferral and is distinct from deferral. | Deferral can be effected by order directing civil-judgment collection; clerk error may have occurred. | Yes; issuance of the civil-judgment order constitutes a deferral under CPL article 420. |
Key Cases Cited
- Mountain View Coach Lines v. Storms, 102 A.D.2d 663 (2nd Dept 1984) (binding authority supporting court's ability to grant deferral)
- People v. Flanders, 110 A.D.3d 1112 (3d Dept 2013) (deferral considerations under CPL 420.40)
- People v. Camacho, 4 A.D.3d 862 (4th Dept 2004) (deferral/collection mechanisms under sentencing)
- People v. Domin, 13 A.D.3d 391 (2d Dept 2004) (support for deferral analysis and related procedures)
- People v. Kistner, 291 A.D.2d 856 (4th Dept 2002) (deferral standard for mandatory surcharges and fees)