The question presented on this appeal is whether section 60.35 of the Penal Law, which mandates the levy of a penalty assessment in certain cases, is applicable where the defendant has been adjudicated a youthful offender. The defendant-appellant herein was initially charged with two counts of assault in the third degree in violation of section 120.00 of the Penal Law. On September 29, 1982, he pleaded guilty to one count of attempted...
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