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.