Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: County Court erred in imposing a surcharge of 10% of the amount of restitution ordered rather than the 5% directed by Penal Law § 60.27 (8). The affidavit submitted by the director of the Probation Department fails to demonstrate "that the actual cost of the collection and administration of restitution" (Penal Law § 60.27 [8]) in this case exceeds 5% of...
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