The New York Appellate Division recently modified the sentencing fees imposed on Wander Reyes in the case of People v. Reyes. The court decided to vacate certain financial penalties that were part of Reyes' sentencing. This ruling affects how financial burdens are applied to defendants in the criminal justice system.
The decision, which came on October 22, 2026, is significant because it highlights the court's discretion in modifying sentences in the interest of justice. The ruling comes at a time when the financial implications of criminal convictions are under scrutiny, particularly how they can affect defendants' lives long after their sentences are served.
Background
Wander Reyes was the defendant in this case, which originated in the Bronx County Supreme Court. The case number is 2019-05299, and it was filed under the indictment number 793/17. Reyes was convicted in August 2019, and the court imposed a series of surcharges and fees as part of his sentencing. These financial penalties are often standard in criminal cases, but they can create significant burdens for defendants.
The appeal was brought forth by Reyes, represented by The Legal Aid Society, with attorney Steven Berko handling the case. The appeal aimed to challenge the financial aspects of the sentencing, arguing that the imposed fees were excessive and unjust. The case reached the Appellate Division of the Supreme Court of the State of New York, which reviewed the circumstances surrounding Reyes' sentencing.
The Ruling
The Appellate Division, First Department, issued a ruling that modified the original judgment rendered by the Supreme Court of Bronx County. The court unanimously decided to vacate the mandatory surcharge and fees that had been imposed on Reyes at sentencing. The ruling stated, "we vacate the mandatory surcharge and fees imposed on defendant at sentencing..." This decision was made as a matter of discretion in the interest of justice.
The court noted that the People, referring to the prosecution, did not oppose the relief sought by Reyes. This lack of opposition from the prosecution likely played a role in the court's decision to modify the sentencing fees. The judges involved in this ruling included Manzanet-Daniels, Mendez, Kapnick, Pitt-Burke, and Parker-Raso.
Impact
This ruling has broader implications for defendants facing financial penalties as part of their sentences. By vacating the surcharges and fees, the court has set a precedent that may encourage other defendants to challenge similar financial burdens in their cases. The decision underscores the court's willingness to reconsider financial penalties when they may not serve the interests of justice.
Furthermore, this ruling may influence how lower courts approach sentencing in future cases. Judges might be more inclined to consider the financial impact of their sentences on defendants, especially in cases where the prosecution does not oppose such modifications. This could lead to a shift in how courts balance punishment with fairness in the criminal justice system.
What's Next
Details were not available in the court filing regarding whether this ruling can be appealed. However, given the nature of the decision, it is unlikely that further appeals will be pursued, especially since the prosecution did not oppose the modifications. There are no related cases pending that were mentioned in the opinion.











