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PEOPLE v. HOTI
Court of Appeals of the State of New York.
Feb 19, 2009
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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 NY3d 45 [decided today]). Accordingly, the court's failure to pronounce the sur-charge and fees prior to the entry of defendant's plea did not deprive the defendant of the opportunity to knowingly, voluntarily and intelligently choose among alternative courses of action ( cf. People v Catu, 4 NY3d 242, 245).
Taking no part: Chief Judge LIPPMAN.
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