People v. Betheny, 447 N.E.2d 699 (N.Y. 1983)
A mandatory penalty assessment imposed on individuals convicted of Penal Law offenses does not violate the Equal Protection Clause if it treats all such individuals similarly and bears a reasonable relationship to a legitimate legislative objective, such as raising revenue.
Summary
The defendant, convicted of attempted resisting arrest, challenged the constitutionality of a mandatory penalty assessment imposed under New York Penal Law § 60.35 and CPL 420.35, arguing that it violated the Equal Protection Clauses of the State and Federal Constitutions by discriminating against those convicted of Penal Law offenses. The New York Court of Appeals affirmed the lower court’s order, holding that the penalty assessment did not violate equal protection because it treated all persons convicted of Penal Law offenses similarly and was rationally related to the state’s legitimate interest in raising revenue. The court emphasized that the “rational relationship” test only applies when the state treats similarly situated individuals differently.
Facts
The defendant pleaded guilty to the class B misdemeanor of attempted resisting arrest. As part of the sentence, the defendant was sentenced to 90 days’ imprisonment and was also subjected to a mandatory penalty assessment of $40 under Penal Law § 60.35, which is enforceable under CPL 420.35.
Procedural History
The defendant appealed the imposition of the penalty assessment, arguing it was unconstitutional. The Appellate Term upheld the penalty assessment. The case was appealed to the New York Court of Appeals.
Issue(s)
Whether the mandatory penalty assessment imposed under Penal Law § 60.35 and CPL 420.35 on individuals convicted of Penal Law offenses violates the Equal Protection Clauses of the State and Federal Constitutions.
Holding
No, because the statute treats all persons convicted of Penal Law offenses similarly, and the assessment bears a reasonable relationship to the State’s legitimate interest in raising revenues.
Court’s Reasoning
The court assumed, without deciding, that the mandatory penalty assessment was civil in nature. It then addressed the equal protection challenge. The court reasoned that the statute did not create an irrational classification because it treated all persons convicted of Penal Law offenses the same. The court emphasized that the relevant inquiry for an equal protection challenge is whether the State treats similarly situated individuals differently. The “rational relationship” test applies only when the State attempts to treat similarly situated individuals in a different manner.
Because the statutes did not employ suspect classifications or adversely affect fundamental rights, the court applied a rationality test to determine “whether the challenged classification bears a reasonable relationship to some legitimate legislative objective” (quoting Alevy v Downstate Med. Center, 39 NY2d 326, 332). The court found that the penalty assessment was related to the State’s legitimate interest in raising revenues. Therefore, the court concluded that the penalty assessment did not violate the Equal Protection Clause.