It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of scheme to defraud in the first degree (Penal Law § 190.65 [1] [b]). Defendant contends that he paid restitution prior to sentencing in accordance with the plea agreement and that County Court therefore erred in imposing the mandatory surcharge/crime victim assistance...
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