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People v. Hill

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 971 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Genesee County Court, Noonan, J. — Assault, 2nd Degree.

PRESENT: PIGOTT, JR., P. J., GREEN, HAYES, SCUDDER AND KEHOE, JJ.


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum:

County Court erred in imposing a surcharge of 10% of the amount of restitution ordered rather than the 5% directed by Penal Law § 60.27 (8). The affidavit submitted by the director of the Probation Department fails to demonstrate "that the actual cost of the collection and administration of restitution" (Penal Law § 60.27) in this case exceeds 5% of the amount of restitution imposed. We therefore modify the judgment accordingly.


Summaries of

People v. Hill

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 971 (N.Y. App. Div. 2000)
Case details for

People v. Hill

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. THEODIS HILL…

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 971 (N.Y. App. Div. 2000)
716 N.Y.S.2d 541

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