Opinion
580
March 26, 2002.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered March 26, 1999, convicting defendant, upon his plea of guilty, of violation of probation, and sentenced him to an aggregate term of 4 to 12 years, and to pay restitution in the amount of $6,760.71, unanimously affirmed.
RICHARD NAHAS, for respondent.
EDLYN L. WILLER, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Buckley, Ellerin, Lerner, JJ.
The record establishes that the ten percent surcharge on the amount of restitution was properly imposed since the affidavit required by Penal Law § 60.27(8) for imposition of a surcharge greater than five percent was actually filed.
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.