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PEOPLE v. HOTI

12 N.Y.3d 742 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BAJRO HOTI, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Richard Nahas of counsel), for respondent.

Concur: Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES. Taking no part: Chief Judge LIPPMAN.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. The mandatory surcharge, crime victim assistance fee and DNA databank fee are not components of a defendant's sentence (see People v Guerrero 12 N.Y.3d 45 [2009] [decided today]). Accordingly, the court's failure to pronounce the surcharge and fees prior to the entry of defendant...

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