PEOPLE v. ROBLES (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Khalil ROBLES, Defendant-Appellant.

570411 /19

Decided: September 30, 2022

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

Judgment of conviction (Frances Y. Wang, J.), rendered March 25, 2019, affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, and assuming that CPL 420.35(2-a), which permits the waiver of surcharges and fees for persons who, like defendant, were less than 21 years old at the time of the crime, applies retroactively (see People v Zapata, 205 AD3d 740 [2022], lv granted ––– NY3d ––––, 2022 NY Slip Op 98026[U]; People v Dyshawn B., 196 AD3d 638 [2021]), we do not find that vacatur of the surcharge and fees as a matter of discretion in the interest of justice would be appropriate in this case (see People v Nunez, 203 AD3d 476 [2022], lv denied 38 NY3d 1073 [2022]; People v Escalona, 202 AD3d 451 [2022], lv denied 38 NY3d 1070 [2022]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network