PEOPLE v. ANGEL (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. ANGEL P., Defendant-Appellant.

570423 /17

Decided: March 19, 2021

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

Judgment of conviction (Shari Ruth Michels, J. at plea; Linda Poust Lopez, J. at sentencing), rendered April 26, 2017, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the mandatory surcharge and the crime victim assistance fee, and otherwise affirmed.

Defendant was convicted before the enactment of CPL 420.35(2-a), which permits a court to waive surcharges and fees for persons who, like defendant, were less than twenty-one years old at the time of the subject offense. However, based on the People's consent as a matter of prosecutorial discretion, and pursuant to our own interest of justice powers, we waive the mandatory surcharge and fees imposed on defendant at sentencing (see People v Chirinos, 190 AD3d 434 [2021]). We find it unnecessary to reach any other issues.

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Out of date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