February 19, 2009
THE PEOPLE & C., RESPONDENT,
DWIGHT FURET, ALSO KNOWN AS IRA MORSBY, APPELLANT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed. The mandatory surcharge, crime victim assistance fee and DNA databank fee need not be pronounced by the court at sentencing (see People v Guerrero [decided today, ___ NY3d ___]). The lower courts' determinations regarding reasonable suspicion and probable cause, which are mixed questions of law and fact, have support in the record and are thus beyond our further review. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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