PEOPLE v. TORRES (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Carlos Jose TORRES, Defendant-Appellant.

570245 /19

Decided: September 21, 2021

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

Judgment of conviction (James G. Clynes, J.), rendered February 5, 2019, affirmed.

While recent legislation amended Penal Law § 265.01(1) to effectively decriminalize the possession of gravity knives, this law does not apply retroactively to defendant's February 2019 conviction (see L 2019, ch 34, § 1, eff May 30, 2019; see also People v Walker, 81 NY2d 661, 667 [1993]). Although the District Attorney has agreed in the past to reverse some pre-May 30, 2019 convictions for possession of a gravity knife “in the exercise of their broad prosecutorial discretion” (People v Caviness, 176 AD3d 522 [2019], lv denied 34 NY3d 1076 [2019]), they refuse to do so here because this case involves something more than simple possession, and we decline to exercise our discretion in the interest of justice to grant such relief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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