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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