PEOPLE v. BAILEY

Ordered that the sentence is modified, on the law, by deleting the provision thereof relating to the imposition of a mandatory surcharge; as so modified, the sentence is affirmed.

The court erred in directing the defendant to both make restitution and to pay a mandatory surcharge, since the imposition of the surcharge was inconsistent with the requirement that the defendant make restitution (Penal Law § 60.35; People v. Turco, 130 A.D.2d 785, 788; People v. Willis, 168 A.D.2d 470, 471). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.