It is hereby ordered that the adjudication so appealed from is unanimously modified on the law by vacating the surcharge, crime victim assistance fee, and sentence, and as modified the adjudication is affirmed, and the matter is remitted to Erie County Court for resentencing.
Same memorandum as in People v Antonio J. ([appeal No. 1] 173 A.D.3d 1743 [4th...
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