Opinion
February 10, 1987
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Subdivision (1) of Penal Law § 60.35 mandates the imposition of a penalty assessment or mandatory surcharge upon a conviction for a felony, a misdemeanor, or a violation. However, a youthful offender adjudication such as that made herein is not a judgment of conviction (CPL 720.35; People v. Floyd J., 61 N.Y.2d 895), and we, therefore, modify to vacate this surcharge.
We have examined the remaining issues raised by defendant and find them to be without merit.
Concur — Murphy, P.J., Carro, Asch, Milonas and Rosenberger, JJ.