| People v Chirinos |
| 2021 NY Slip Op 00038 [190 AD3d 434] |
| January 5, 2021 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Wilmari Chirinos, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), forrespondent.
Judgment, Supreme Court, New York County (Laurie Peterson, J.), rendered February 25,2019, as amended February 26, 2019, convicting defendant, upon her plea of guilty, of criminalpossession of a controlled substance in the seventh degree, and sentencing her to a term of 30days, unanimously modified, as a matter of discretion in the interest of justice, to the extent ofvacating the mandatory surcharge, the DNA fee and the crime victim assistance fee, andotherwise affirmed.
Defendant was convicted before the enactment of CPL 420.35 (2-a), which permits thewaiver of surcharges and fees for persons who, like defendant, were less than 21 years old at thetime of the subject crime. However, based on the People's consent as a matter of prosecutorialdiscretion, and pursuant to our own interest of justice powers, we waive the surcharge and feesimposed on defendant at sentencing (seePeople v Caviness, 176 AD3d 522 [1st Dept 2019], lv denied 34 NY3d 1076[2019]). We find it unnecessary to reach any other issues. Concur—Webber, J.P., Singh,Kennedy, Shulman, JJ.