Ordered that the judgment is modified, on the law, by deleting the provision thereof imposing a mandatory surcharge of $100; as so modified, the judgment is affirmed, with leave to the defendant, if he be so advised, to apply to the County Court, Dutchess County, for a refund of the $100, upon proof that payment has been made.
Penal Law § 60.35 (6) prohibits a court from imposing the mandatory surcharge when restitution has been directed. Because the court directed...
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