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PEOPLE v. CHIRINOS

Ind. No. 639/19. Appeal No. 12775. Case No. 2019-3539.

190 A.D.3d 434 (2021)

135 N.Y.S.3d 641

2021 NY Slip Op 00038

The People of the State of New York, Respondent, v. Wilmari Chirinos, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( David J. Klem of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Alexander Michaels of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

Defendant was convicted before the enactment of 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 subject crime. 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 surcharge and fees imposed on defendant at sentencing (see People v Caviness, 176 A.D.3d 522 [1st Dept 2019], lv...

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