In the above-entitled matter, the defendant being a mandatory youthful offender, pleaded guilty to sections 110.00 and 165.40 of the Penal Law as a class B misdemeanor. Upon conviction of the misdemeanor, under section 60.35 a mandatory penalty assessment must be levied in the sum of $40. The issue raised in this instance by the attorney for the defendant is whether the granting of the youthful offender application nullifies the requirement...
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