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THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ROB WILLIAMS, ALSO KNOWN AS KYRON STEVENSON, APPELLANT.

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

County Court erred in imposing a 10% surcharge on the restitution ordered for funds expended for the purchase of controlled substances from defendant ( see, Penal Law § 60.27; People v. Majestic, 270 A.D.2d 884). We therefore modify the judgment by vacating that surcharge. Contrary to defendant's contention, the sentence is neither unduly harsh nor severe.

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PEOPLE v. WILLIAMS
(May 10, 2000)