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PEOPLE v. HUERTAS

127 A.D.2d 475 (1987)

The People of the State of New York, Respondent, v. Luis Huertas, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 10, 1987

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 N.Y.2d 895), and we, therefore, modify to vacate this surcharge.

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