Opinion
No. 72 SSM 41.
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 May 15, 2008. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Maxwell Wiley, J.), which had convicted defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree.
Defendant contended on appeal to the Court of Appeals 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 their imposition be pronounced by the court at sentencing.
People v Washington, 51 AD3d 521, 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 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 ( see People v Guerrero, 12 NY3d 45 [decided today]).
Taking no part: Chief Judge LIPPMAN.
MORRIS I. GLETZER, Also Known as MORRIS I. GLECER, Plaintiff, v AMOS HARRIS, Defendant.