February 19, 2009
THE PEOPLE & C., RESPONDENT,
BAJRO HOTI, 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 are not components of a defendant's sentence (see People v Guerrero [decided today, ___ NY3d ___]). Accordingly, the court's failure to pronounce the surcharge and fees at sentencing did not deprive the defendant of the opportunity to knowingly, voluntarily and intelligently choose among alternative courses of action (cf. People v Catu, 4 NY3d 242, 245). Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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