Opinion
April 15, 1996
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the sentence is modified, on the law, by deleting the provisions thereof which require the defendant to pay a mandatory surcharge of $150 and a crime victim's assistance fee of $5; as so modified, the sentence is affirmed; and it is further,
Ordered that the amended sentence is affirmed.
With respect to the amended sentence imposed under S.C.I. No. 94-00142, the court properly directed the defendant to pay a surcharge of 5% of the amount of restitution ( see, Penal Law § 60.27). However, with respect to the sentence imposed under S.C.I. No. 95-00145, the court erred by directing the defendant to pay restitution, a mandatory surcharge, and a crime victim's assistance fee ( see, Penal Law § 60.35; People v. Bailey, 209 A.D.2d 709).
The defendant's remaining contention is without merit ( see, People v. Moore, 176 A.D.2d 968). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.