People v. Bailey

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT BAILEY, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1994

209 A.D.2d 709 (N.Y. App. Div. 1994)

619 N.Y.S.2d 682

Opinion

November 28, 1994

Appeal from the Supreme Court, Westchester County (Cowhey, J.).

Ordered that the sentence is modified, on the law, by deleting the provision thereof relating to the imposition of a mandatory surcharge; as so modified, the sentence is affirmed.

The court erred in directing the defendant to both make restitution and to pay a mandatory surcharge, since the imposition of the surcharge was inconsistent with the requirement that the defendant make restitution (Penal Law § 60.35; People v. Turco, 130 A.D.2d 785, 788; People v. Willis, 168 A.D.2d 470, 471). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.