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PEOPLE v. CHACKO

1288, 3696/07.

66 A.D.3d 581 (2009)

886 N.Y.S.2d 603

2009 NY Slip Op 7678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW CHACKO, Appellant.

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

Decided October 27, 2009.

Defendant's argument that his plea was rendered involuntary by the court's failure to mention the mandatory surcharges and fees during the plea allocution is unavailing. The subject assessments are neither a penalty nor incorporated into a defendant's sentence and thus, do not need to be pronounced (see People v Hoti, 12 N.Y.3d 742 [2009]; People v Guerrero, 12 N.Y.3d 45

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