| People v Scottmanson (Jeremy) |
| 2024 NY Slip Op 51262(U) [83 Misc 3d 137(A)] |
| Decided on September 12, 2024 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Jeffrey M. Zimmerman, J.), rendered March 22, 2021, convicting him, upon a plea of guilty, of driving while ability impaired by alcohol, and sentencing him, inter alia, to $255 in mandatory surcharges and fees.
Per Curiam.
Judgment of conviction (Jeffrey M. Zimmerman, J.), rendered March 22, 2021, affirmed.
Defendant is not entitled to the waiver of the surcharge and fees in the interest of justice pursuant to the Driver's License Suspension Reform Act (DLSRA). The DLSRA does not apply retroactively to defendant who was convicted before the statute's enactment (see People v Castro, 223 AD3d 20 [2023], lv denied 41 NY3d 964 [2024]; People v Urena, 80 Misc 3d 129[A], 2023 NY Slip Op 50981[U][App Term, 1st Dept 2023], lv denied 40 NY3d 1041 [2023]).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur