PEOPLE v. J.


61 N.Y.2d 895 (1984)

The People of the State of New York, Respondent, v. Floyd J., Appellant.

Court of Appeals of the State of New York.

Decided February 28, 1984.


Attorney(s) appearing for the Case

Rose H. Sconiers, Joseph B. Mistrett and Charles D. Halvorsen for appellant.

Richard J. Arcara, District Attorney (John J. DeFranks and Don I. Dally of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the County Court should be modified to the extent of vacating the penalty assessment and, as so modified, affirmed.

Subdivision 1 of section 60.35 of the Penal Law mandates the imposition of a penalty assessment (now denominated a "mandatory surcharge", L 1983, ch 15, § 2) upon a conviction for a felony, a misdemeanor, or a violation. CPL 720.35 (subd 1) states that a "youthful offender...

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