We agree that Supreme Court erred in ordering defendant to pay a surcharge of $105 upon his conviction of driving while intoxicated. Penal Law § 60.35 (1), which was the statute to which the court was apparently referring, expressly exempts from its coverage crimes occurring under the Vehicle and Traffic Law. Instead, the applicable statute is Vehicle and Traffic Law § 1809 (1), which imposes a $25 surcharge. The sum of the surcharge should therefore be reduced...
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