PEOPLE v. HILL

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum:

County Court erred in imposing a surcharge of 10% of the amount of restitution ordered rather than the 5% directed by Penal Law § 60.27 (8). The affidavit submitted by the director of the Probation Department fails to demonstrate "that the actual cost of the collection and administration of restitution" (Penal Law § 60.27) in this case exceeds 5% of the amount of restitution imposed. We therefore modify the judgment accordingly.