Ordered that the sentence is modified, on the law, by deleting the provisions thereof which require the defendant to pay a mandatory surcharge of $150 and a crime victim's assistance fee of $5; as so modified, the sentence is affirmed; and it is further,
Ordered that the amended sentence is affirmed.
With respect to the amended sentence imposed under S.C.I. No. 94-00142, the court properly directed the defendant to pay a surcharge of 5% of the amount of restitution ( see, Penal Law § 60.27). However, with respect to the sentence imposed under S.C.I. No. 95-00145, the court erred by directing the defendant to pay restitution, a mandatory surcharge, and a crime victim's assistance fee ( see, Penal Law § 60.35; People v. Bailey, 209 A.D.2d 709).
The defendant's remaining contention is without merit ( see, People v. Moore, 176 A.D.2d 968). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.