Opinion
No. 2024-51258 No. 570176/21
09-12-2024
The People of the State of New York, Respondent, v. Jeremy Scottmanson, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Jeffrey M. Zimmerman, J.), rendered March 22, 2021, convicting him, upon a plea of guilty, of driving while ability impaired by alcohol, and sentencing him, inter alia, to $255 in mandatory surcharges and fees.
Judgment of conviction (Jeffrey M. Zimmerman, J.), rendered March 22, 2021, affirmed.
Defendant is not entitled to the waiver of the surcharge and fees in the interest of justice pursuant to the Driver's License Suspension Reform Act (DLSRA). The DLSRA does not apply retroactively to defendant who was convicted before the statute's enactment (see People v Castro, 223 A.D.3d 20 [2023], lv denied 41 N.Y.3d 964 [2024]; People v Urena, 80 Misc.3d 129 [A], 2023 NY Slip Op 50981[U][App Term, 1st Dept 2023], lv denied 40 N.Y.3d 1041 [2023]).
We perceive no basis for reducing the sentence.