NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
October 27, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MATTHEW CHACKO, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered November 29, 2007, convicting defendant, upon his plea of guilty, of attempted criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to a term of 11/2 to 3 three years, unanimously affirmed.
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.
Mazzarelli, J.P., Andrias, Moskowitz, Renwick, Richter, JJ.
Defendant's argument that his plea was rendered involuntary by the court's failure to mention the mandatory surcharges and fees during the plea allocution is unavailing. The subject assessments are neither a penalty nor incorporated into a defendant's sentence and thus, do not need to be pronounced (see People v Hoti, 12 NY3d 742 ; People v Guerrero, 12 NY3d 45 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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