People v. Haymer

1 Citing case

  1. People v. Anderson

    298 A.D.2d 869 (N.Y. App. Div. 2002)   Cited 1 times

    Defendant contends that County Court erred in imposing the mandatory surcharge and crime victim assistance fee (Penal Law § 60.35 [former (1)]) because the surcharge and fee were not mentioned during the plea colloquy. Defendant failed to preserve his contention for our review ( see People v. Prihett, 279 A.D.2d 335; see also People v. Haymer, 237 A.D.2d 304, lv denied 90 N.Y.2d 894) and, in any event, it is without merit. The transcript of the plea proceeding establishes that the prosecutor set forth the terms of the plea agreement, which specifically included the "penalty assessment" at issue.