Opinion
393 KA 15–01776
03-16-2018
The PEOPLE of the State of New York, Respondent, v. DENNIS R., JR., Defendant–Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (KRISTEN N. MCDERMOTT OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (KRISTEN N. MCDERMOTT OF COUNSEL), FOR DEFENDANT–APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:Defendant appeals from a youthful offender adjudication based upon his plea of guilty of robbery in the first degree ( Penal Law § 160.15 [4] ). As the People correctly concede, the surcharge and crime victim assistance fee imposed must be vacated because defendant was a juvenile offender (see Penal Law §§ 60.00[2] ; 60.10; People v. Stump, 100 A.D.3d 1457, 1458, 953 N.Y.S.2d 441 [4th Dept. 2012], lv denied 20 N.Y.3d 1104, 965 N.Y.S.2d 800, 988 N.E.2d 538 [2013] ). We therefore modify the adjudication accordingly. Contrary to defendant's further contention, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the adjudication so appealed from is unanimously modified on the law by vacating the surcharge and crime victim assistance fee and as modified the adjudication is affirmed.