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People v. Chacko

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 27, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

3696/07

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 [2009]; People v Guerrero, 12 NY3d 45 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091027

© 1992-2009 VersusLaw Inc.



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