As the People correctly concede, since defendant committed the instant crime prior to the effective date of Penal Law § 70.45, which provided for post-release supervision, and prior to the effective date of legislation increasing the mandatory surcharge and crime victim assistance fees, defendant's sentence is unlawful to the extent indicated ( People v. Thomas, 278 A.D.2d 174; People v. Clarke, 111 A.D.2d 11). We perceive no other basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.