AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BETHEA, Appellant.

Ordered that the judgments are modified, on the law, by reducing the mandatory surcharges imposed on each conviction from $100 to $75; as so modified, the judgments are affirmed.

The defendant's contention that the mandatory surcharges imposed represented an abuse of discretion in light of his alleged indigency is premature (see, People v. Martin, 132 A.D.2d 626; People v. Peralta, 127 A.D.2d 803, lv denied 69 N.Y.2d 953; People v. Perrine, 111 A.D.2d 193). Moreover, the court properly imposed a surcharge with respect to each judgment of conviction (see, Penal Law § 60.35; People v. Baynes, 121 A.D.2d 643, lv denied 68 N.Y.2d 767; People v. Cusick, 119 A.D.2d 830, lv denied 68 N.Y.2d 667). We find, however, that the court erred in imposing surcharges in the amount of $100 each, since Penal Law § 60.35 required a mandatory surcharge of $75 at the time the criminal acts underlying the instant convictions were committed (see, L 1985, ch 59; cf., People v. Valdelamar, 122 A.D.2d 289, lv denied 68 N.Y.2d 918; People v. Clarke, 111 A.D.2d 11). Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. BETHEA
(Oct 26, 1987)