People v. Jones

• Decision Date: 11 March 2014
• Citation: People v. Jones, 2014 NY Slip Op 1558, 115 A.D.3d 490, 982 N.Y.S.2d 309 (N.Y. App. Div. 2014)
• Parties: The PEOPLE of the State of New York, Respondent, v. Anthony JONES, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

115 A.D.3d 490

982 N.Y.S.2d 309

2014 N.Y. Slip Op. 01558

The PEOPLE of the State of New York, Respondent,

v.Anthony JONES, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

March 11, 2014.

Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.

Judgments, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 13, 2012, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree and sentencing him to concurrent terms of six months, unanimously affirmed.

Since defendant was sentenced to a term of incarceration of longer than 60 days ( seePenal Law § 60.35[8] ), he was required to seek relief from his mandatory surcharge payments by way of a CPL 420.10(5) motion for resentencing. Defendant's claims that he was entitled to a financial hardship hearing pursuant to CPL 420.40, and that the hearing should have been held at the time of his sentencing, are not supported by the applicable statutes. Rather, any application for relief from his surcharges is to be entertained in postsentence proceedings ( see People v. Bradley, 249 A.D.2d 103, 670 N.Y.S.2d 111 [1st Dept.1998],lv. denied92 N.Y.2d 923, 680 N.Y.S.2d 464, 703 N.E.2d 276 [1998];People v. Wheeler, 244 A.D.2d 277, 664 N.Y.S.2d 778 [1st Dept.19...