Opinion
2019-1772 Q CR
11-12-2021
The People of the State of New York, Respondent, v. Samuel Torres, Appellant.
New York City Legal Aid Society (Whitney Elliott of counsel), for appellant. Queens County District Attorney (Johnnette Traill and Hannah Scotti of counsel), for respondent.
Unpublished Opinion
New York City Legal Aid Society (Whitney Elliott of counsel), for appellant.
Queens County District Attorney (Johnnette Traill and Hannah Scotti of counsel), for respondent.
PRESENT:: DAVID ELLIOT, J.P., MICHELLE WESTON, DONNA-MARIE E. GOLIA, JJ.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered October 28, 2019. The judgment convicted defendant, upon his plea of guilty, of resisting arrest and unauthorized use of a vehicle in the third degree, and imposed sentence. The appeal from the judgment of conviction brings up for review the imposition of a mandatory surcharge and DNA databank fee.
ORDERED that the judgment of conviction is modified, as a matter of discretion in the interest of justice, by vacating the imposition of the mandatory surcharge and DNA databank fee; as so modified, the judgment of conviction is affirmed.
On appeal, defendant asks this court to waive the mandatory surcharge and DNA databank fee imposed upon him at sentencing.
Defendant was convicted before the enactment of CPL 420.35 (2-a), which permits, under certain circumstances, including the interests of justice (see CPL 420.35 [2-a] [c]), the waiver of mandatory surcharges and various fees, including the DNA databank fee, where the person who committed the offense was less than 21 years old at the time of the offense, as was defendant herein. The People consent to defendant's request for a waiver.
In the interest of justice, we waive the mandatory surcharge and DNA databank fee imposed upon defendant at sentencing (see CPL 420.35 [2-a] [c]; People v Henry P.-M., 196 A.D.3d 650 [2021]; People v Dyshawn B., 196 A.D.3d 638 [2021]; People v Johnson, 193 A.D.3d 1076, 1077 [2021]).
Accordingly, the judgment of conviction is modified by vacating the imposition of the mandatory surcharge and DNA databank fee.
WESTON and GOLIA, JJ., concur.
ELLIOT, J.P., taking no part.