Legal Opinion
People v. Viehdeffer
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2001PublishedCited by 8 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: We agree with defendant that County Court erred in imposing a 10% surcharge on the amount of restitution ordered. The affidavit of the director of the Probation Department fails to establish “that the actual cost of the collection and administration of restitution” exceéds 5% of the amount of restitution imposed (Penal Law § 60.27 [8]; see, People v Christie, 285 AD2d 980; People v Hill, 277 AJD2d 971). We therefore modify the judgment by reducing the surcharge to 5%. Further, as…
2Cases cited2 opinions
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ChristieAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- People v. MingoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. HolmesAppellate Division of the Supreme Court of the State of New York · 2002
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2008
- People v. LagasseAppellate Division of the Supreme Court of the State of New York · 2009
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