People v. Bain

126 A.D.2d 985, 511 N.Y.S.2d 801, 1987 N.Y. App. Div. LEXIS 42108

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 23, 1987
• Status: Published

Opinion

—Adjudication unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: The People concede that, because defendant was adjudicated a youthful offender, it was improper for the court to impose a mandatory surcharge (see, People v Floyd J., 61 NY2d 895). The penalty assessment must, therefore, be vacated. (Appeal from adjudication of Onondaga County Court, Van Auser, J.—youthful offender.) Present—Callahan, J. P., Denman, Green, Pine and Lawton, JJ.