Defendant pleaded guilty to the class E felony of attempted criminal possession of a forged instrument in the second degree; he was sentenced to 1½ to 3 years' imprisonment and a mandatory surcharge of $100. Defendant contends that Penal Law § 60.35, which imposes the mandatory surcharge, impermissibly creates two classifications by exempting those who make restitution or reparation from the payment of a mandatory surcharge (Penal...
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