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People v. Paterno

Supreme Court of New York, Second Department
Mar 9, 2022
2022 N.Y. Slip Op. 1465 (N.Y. Sup. Ct. 2022)

Opinion

2020-00615 S.C.I. 1407/19

03-09-2022

The People of the State of New York, respondent, v. Michael Paterno, appellant.

Laurette D. Mulry, Riverhead, NY (Genevieve M. Cahill of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Alfred Croce of counsel), for respondent.


Laurette D. Mulry, Riverhead, NY (Genevieve M. Cahill of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Alfred Croce of counsel), for respondent.

ANGELA G. IANNACCI, J.P. CHERYL E. CHAMBERS SHERI S. ROMAN WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Karen M. Wilutis, J.), rendered November 25, 2019, convicting him of criminal sexual act in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea was not knowing, intelligent, and voluntary because he was not advised at the time he entered the plea that he would be assessed mandatory surcharges is without merit. The plea court was not required to inform the defendant about the surcharges, which were not components of his sentence (see People v Hoti, 12 N.Y.3d 742, 743; People v Guerrero, 12 N.Y.3d 45; People v Martinezdiaz, 162 A.D.3d 904; People v Bautista, 138 A.D.3d 754, 755; People v Cooks, 107 A.D.3d 734, 735).

IANNACCI, J.P., CHAMBERS, ROMAN and FORD, JJ., concur.


Summaries of

People v. Paterno

Supreme Court of New York, Second Department
Mar 9, 2022
2022 N.Y. Slip Op. 1465 (N.Y. Sup. Ct. 2022)
Case details for

People v. Paterno

Case Details

Full title:The People of the State of New York, respondent, v. Michael Paterno…

Court:Supreme Court of New York, Second Department

Date published: Mar 9, 2022

Citations

2022 N.Y. Slip Op. 1465 (N.Y. Sup. Ct. 2022)