Opinion
No. 570411/19
09-30-2022
The People of the State of New York, Respondent, v. Khalil Robles, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Frances Y. Wang, J.), rendered March 25, 2019, convicting him, upon a plea of guilty, of obstructing governmental administration in the second degree, and imposing sentence.
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 A.D.3d 740 [2022], lv granted __ N.Y.3d __, 2022 NY Slip Op 98026[U]; People v Dyshawn B., 196 A.D.3d 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 A.D.3d 476 [2022], lv denied 38 N.Y.3d 1073 [2022]; People v Escalona, 202 A.D.3d 451 [2022], lv denied 38 N.Y.3d 1070 [2022]).
All concur