Opinion
No. 570325/17
03-15-2024
The People of the State of New York, Respondent, v. Stylianos Thomakos a/k/a Stylianos Thomaskos, Defendant-Appellant.
Unpublished Opinion
PRESENT: Tisch, J.P., James, Perez, JJ.
PER CURIAM.
In consolidated criminal proceedings, defendant appeals from two judgments of the Criminal Court of the City of New York, Bronx County (Robert G. Seewald, J.H.O), each rendered March 29, 2017, convicting him, upon his pleas of guilty, of unlicensed driving, and imposing sentence.
Judgments of conviction (Robert G. Seewald, J.H.O.), each rendered March 29, 2017, affirmed.
Although defendant's waiver of his right to appeal was invalid, he is not entitled to waiver of the fines and surcharges 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, - A.D.3d -, 2023 NY Slip Op 06452 [2023]; 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]; People v Onwuanaibe, 76 Misc.3d 132 [A], 2022 NY Slip Op 50910[U][App Term, 2d Dept, 2nd, 11th & 13th Jud Dists 2022], lv denied 39 N.Y.3d 964 [2022]).
Absent extraordinary circumstances, we decline to vacate the convictions in the interest of justice (see People v Marshall, 106 A.D.3d 1, 11 [2013], lv denied 21 N.Y.3d 1006 [2013]).
We perceive no basis for reducing the sentence.