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PEOPLE v. FINCHER

12982, 1824/08

122 A.D.3d 540 (2014)

995 N.Y.S.2d 910

2014 NY Slip Op 08247

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN FINCHER, Appellant.

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

Decided November 25, 2014.

Although we find that the sentence is not excessive, since defendant committed the crime at issue before the effective date of the legislation increasing the mandatory surcharge and crime victim assistance fee, defendant's sentence, as the People concede, is unlawful to the extent indicated (see e.g. People v Cruz, 112 A.D.3d 478 [2013], lv denied 23 N.Y.3d 1019 [2014]).

Judgment...

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