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People v. Huertas
127 A.D.2d 475
N.Y. App. Div.
1987
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Judgment of the Supreme Court, Bronx County (Joseph Cerbone, J.), rendered August 20, 1986, which, after trial by jury and after defendant’s conviction of robbery in the second degree, a violent felony offense, deemed the conviction vacated and adjudicated him a youthful offender and sentenced him to a term of six months’ imprisonment and 4 Vz years’ probation, is modified, on the law, to vacate the imposition of the mandatory surcharge of $100 assessed by the court pursuant to Penal Law § 60.35, and otherwise affirmed.

Subdivision (1) of Penal Law § 60.35 mandates the imposition of a penalty assessment or mandatory surcharge upon a conviction for a felony, a misdemeanor, or a violation. However, a youthful offender adjudication such as that made herein is not a judgment of conviction (CPL 720.35 [1]; People v Floyd J., 61 NY2d 895), and we, therefore, modify to vacate this surcharge.

We have examined the remaining issues raised by defendant and find them to be without merit. Concur — Murphy, P. J., Carro, Asch, Milonas and Rosenberger, JJ.

Case Details

Case Name: People v. Huertas
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 10, 1987
Citation: 127 A.D.2d 475
Court Abbreviation: N.Y. App. Div.
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