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PEOPLE v. VIEHDEFFER

288 A.D.2d 860 (2001)

732 N.Y.S.2d 605

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON J. VIEHDEFFER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 9, 2001.

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We agree with defendant that County Court erred in imposing a 10% surcharge on the amount of restitution ordered. The affidavit of the director of the Probation Department fails to establish "that the actual cost of the collection and administration of restitution" exceeds 5% of the amount of restitution imposed (Penal Law § 60.27 [8]; see, People v Christie...

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