PEOPLE v. WROTTEN


48 A.D.3d 296 (2008)

851 N.Y.S.2d 504

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WROTTEN, Appellant.

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

Decided February 19, 2008.


Although the rape and the attempted robbery took place during the same incident, it is clear from the accusatory instruments that they constituted separate acts (see Penal Law § 15.00 [1]). Accordingly, the court lawfully imposed surcharges of $155 on each conviction. Only one mandatory surcharge may be imposed where a person is convicted of two or more crimes "committed through a single act" (Penal Law § 60.35 [2]). Consecutive sentences, including consecutive...

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