PEOPLE v. VASQUEZ (2024)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Rafael VASQUEZ, Defendant-Appellant.

570173 /21

Decided: September 12, 2024

PRESENT: Hagler, P.J., Brigantti, Tisch, JJ.

Judgment of conviction (Joseph A. McCormack, J.), rendered April 28, 2021, affirmed.

Defendant is not entitled to waiver of the fine, 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 AD3d 20 [2023], lv denied 41 NY3d 964 [2024]; People v Urena, 80 Misc 3d 129[A], 2023 NY Slip Op 50981[U][App Term, 1st Dept 2023], lv denied 40 NY3d 1041 [2023]).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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