Opinion
May 10, 2000.
Appeal from Judgment of Genesee County Court, Noonan, J. — Attempted Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: PIGOTT, JR., P. J., PINE, 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 10% surcharge on the restitution ordered for funds expended for the purchase of controlled substances from defendant ( see, Penal Law § 60.27; People v. Majestic, ___ A.D.2d ___ [decided Mar. 29, 2000]). We therefore modify the judgment by vacating that surcharge. Contrary to defendant's contention, the sentence is neither unduly harsh nor severe.