Opinion
No. 73 SSM 42.
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 December 27, 2007. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Rena K. Uviller, J.), which had convicted defendant, upon his plea of guilty, of grand larceny in the fourth degree.
On appeal, defendant argued that the mandatory surcharge, crime victim assistance fee and DNA databank fee, which were added to defendant's sentence and commitment sheet by the clerk of the court, constituted components of defendant's sentence, thus requiring that imposition of the fees be pronounced by the court at sentencing.
People v Harris, 46 AD3d 470, affirmed.
Center for Appellate Litigation, New York City ( William A. Loeb of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York City ( Richard Nahas of counsel), for respondent.
Before: Judges CIPAHICK, 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 ( see People v Guerrero, 12 NY3d 45 [decided today]).
Taking no part: Chief Judge LIPPMAN.