Calendar Date: January 11, 2018
Law Center of New York, Castleton (Cynthia Feathers of
counsel), for appellant, and appellant pro se.
M. Muehl, District Attorney, Cooperstown (Michael F. Getman
of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Devine and Clark, JJ.
MEMORANDUM AND ORDER
from an order of the County Court of Otsego County (Burns,
J.), entered May 5, 2016, which denied defendant's motion
to vacate five judgments issued pursuant to CPL 420.10 (6)
(a) based upon fines imposed at sentencing.
a jury trial, defendant was convicted of operating as a major
trafficker and four counts of criminal sale of a controlled
substance in the third degree, and, in December 2011, he was
sentenced to an aggregate prison term of 40 years (121 A.D.3d
1435, 1436 , lv denied 24 N.Y.3d 1122');">24 N.Y.3d 1122 ).
At sentencing, County Court ordered defendant to pay a fine
of $80, 000 as to the major trafficking count and four fines
of $5, 000 for each criminal sale count. The court also
pursuant to CPL 420.10 (6) (a), to file separate civil
judgments for each fine, all five of which were entered in
January 2012. On appeal, this Court affirmed defendant's
judgment of conviction (id. at 1444). In March 2016,
defendant filed a pro se motion pursuant to CPLR 5015 (a)
(4), among other provisions, seeking to vacate the civil
judgments previously entered against him. Finding that
defendant was present during sentencing and that the
judgments were entered in compliance with CPL 420.10 (6) (a),
County Court denied defendant's motion. Defendant now
appeals, arguing that he was never properly notified of the
entry of the civil judgments.
affirm. "It is axiomatic that the CPLR governs in civil
proceedings, and the CPL governs in criminal actions"
(People v Lamont, 144 A.D.3d 1330, 1331 
[citations omitted], lv denied 28 N.Y.3d 1185');">28 N.Y.3d 1185
; see CPLR 101, 105 [d]; CPL 1.10  [a];
People v Stacchini, 108 A.D.3d 866, 868 n ;
see also People ex rel. Hirschberg v Orange County
Ct., 271 NY 151, 155-156 ). However, a criminal
statute may incorporate a civil statute by reference, as is
the case here, where CPL 420.10 provides a mechanism by which
a criminal fine "may be collected in the same manner as
a judgment in a civil action" (CPL 420.10  [a];
see People v Grenhalgh, 48 Misc.3d 755, 758 [Nassau
County Ct 2015]; People v Bertucci, 132 Misc.2d
1051, 1054 [Sup Ct, Queens County 1986]) . To the extent that
defendant claims that he was deprived of an opportunity to
challenge County Court's order at sentencing that the
criminal fines be converted to, and entered as, civil
judgments (see CPLR 5513 [a]; 22 NYCRR 202.48 [c]),
his failure to raise any objection in this regard at
sentencing renders such challenge unpreserved for our review
(see CPL 470.05 ; People v Miller, 32
Misc.3d 42, 45 [Sup Ct, App Term, 2d Dept 2011]; cf.
People v Horne, 97 N.Y.2d 404, 414 n 3 ;
People v Hakes, 143 A.D.3d 1054, 1056 , lv
granted 29 N.Y.3d 997');">29 N.Y.3d 997 ). Moreover, the court's
order that the fines be entered as civil judgments amounted
to nothing more than a ministerial matter required by statute
(see CPL 420.10  [a]; People v Miller,
32 Misc.3d at 45-46; see also Ezeigwe v Attorney General
of the United States, 491 Fed.Appx at 341), and any
purported failure to serve defendant with a copy of the
judgments and notice of their entry does not warrant vacatur
of those judgments (see CPLR 5016, 5513 [a]; cf.
Chambers v City of Ogdensburg, 239 A.D.2d 850, 850
, lv denied 91 N.Y.2d 802');">91 N.Y.2d 802 ; Matter
of Halpin v Perales, 203 A.D.2d 675, 676-677 ). In
any event, as defendant's motion was predicated upon CPLR
5015 (a) (4), he has failed to demonstrate, under the
circumstances presented here, how County Court lacked
personal or subject matter jurisdiction to impose the fines
and order that they be entered as civil judgments or to
establish any other basis warranting vacatur of the civil
judgments (see CPLR 5015 [a]; CPL 420.10  [a]).
Jr., Lynch, Devine and Clark, JJ., concur.
that the order is affirmed.
 Although fines imposed at sentencing may
be collected in the same manner as a civil judgment
(see CPL 420.10  [a]), "the criminal fine
does not metamorphose from a criminal sentence into a civil
judgment" or proceeding (People v Ekinici, 191
Misc.2d 510, 513-514 [Sup Ct, Kings County 2002]; see
Ezeigwe v Attorney ...