Opinion
June 6, 1994
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered, that the sentence is modified, on the law, by deleting the provision thereof directing the payment of the crime victim assistance fee.
Penal Law § 60.00 (2) provides that the "sole provision" of article 60 "that shall apply in the case of an offense committed by a juvenile offender is section 60.10 * * * and no other provisions of this article shall be deemed or construed to apply in any such case." Where statutory language is clear and unambiguous, a court is constrained to give effect to the plain meaning of the words used (see, People v. Floyd J., 61 N.Y.2d 895, 896). In this case the language of the statute clearly precludes the imposition of a crime victim assistance fee pursuant to Penal Law § 60.35 (1) where the defendant was sentenced as a juvenile offender. Mangano, P.J., Bracken, Lawrence, Altman and Friedmann, JJ., concur.