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People v. Bethea

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 836 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

Appeal from the County Court, Suffolk County (Rohl, J.).


Ordered that the judgments are modified, on the law, by reducing the mandatory surcharges imposed on each conviction from $100 to $75; as so modified, the judgments are affirmed.

The defendant's contention that the mandatory surcharges imposed represented an abuse of discretion in light of his alleged indigency is premature (see, People v. Martin, 132 A.D.2d 626; People v. Peralta, 127 A.D.2d 803, lv denied 69 N.Y.2d 953; People v. Perrine, 111 A.D.2d 193). Moreover, the court properly imposed a surcharge with respect to each judgment of conviction (see, Penal Law § 60.35; People v. Baynes, 121 A.D.2d 643, lv denied 68 N.Y.2d 767; People v. Cusick, 119 A.D.2d 830, lv denied 68 N.Y.2d 667). We find, however, that the court erred in imposing surcharges in the amount of $100 each, since Penal Law § 60.35 required a mandatory surcharge of $75 at the time the criminal acts underlying the instant convictions were committed (see, L 1985, ch 59; cf., People v. Valdelamar, 122 A.D.2d 289, lv denied 68 N.Y.2d 918; People v. Clarke, 111 A.D.2d 11). Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

People v. Bethea

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 836 (N.Y. App. Div. 1987)
Case details for

People v. Bethea

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BETHEA…

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 836 (N.Y. App. Div. 1987)

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