Ordered that the sentence is modified, on the law, by deleting the provision thereof relating to the imposition of a mandatory surcharge; as so modified, the sentence is affirmed.
The court erred in directing the defendant to both make restitution and to pay a mandatory surcharge, since the imposition of the surcharge was inconsistent with the requirement that the defendant make restitution (Penal Law § 60.35 [6]; People v Turco,
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