Opinion
570423/17
03-19-2021
The PEOPLE of the State of New York, Respondent, v. ANGEL P., Defendant-Appellant.
Per Curiam.
Judgment of conviction (Shari Ruth Michels, J. at plea; Linda Poust Lopez, J. at sentencing), rendered April 26, 2017, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and the crime victim assistance fee, and otherwise affirmed.
Defendant was convicted before the enactment of CPL 420.35(2-a), which permits a court to waive surcharges and fees for persons who, like defendant, were less than twenty-one years old at the time of the subject offense. However, based on the People's consent as a matter of prosecutorial discretion, and pursuant to our own interest of justice powers, we waive the mandatory surcharge and fees imposed on defendant at sentencing ( see People v Chirinos , 190 AD3d 434 [2021] ). We find it unnecessary to reach any other issues.
All concur.