Opinion
No. 74 SSM 43.
Decided February 19, 2009.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 8, 2008. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Michael R. Ambrecht, J., on CPL 190.50 motion; John Cataldo, J., at hearing, trial and sentence), which had convicted defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree and resisting arrest.
The trial court failed to inform defendant during sentencing of the mandatory surcharge, crime victim assistance fee and DNA databank fee. Defendant contended on appeal that the surcharge and fees are components of a sentence, thus requiring that their imposition be pronounced by the court at sentencing.
People v Furet, 47 AD3d 430, affirmed.
Center for Appellate Litigation, New York City ( William A. Loeb of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York City ( Dana Poole of counsel), for respondent.
Before: Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed. The mandatory surcharge, crime victim assistance fee and DNA databank fee need not be pronounced by the court at sentencing ( see People v Guerrero, 12 NY3d 45 [decided today]). The lower courts' determinations regarding reasonable suspicion and probable cause, which are mixed questions of law and fact, have support in the record and are thus beyond our further review.
Taking no part: Chief Judge LIPPMAN.