People v. Bailey

—Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Westchester County (Cowhey, J.), imposed February 15, 1994, upon his conviction of robbery in the third degree, upon his plea of guilty, the sentence being a term of one year of imprisonment, a mandatory surcharge of $155, and the payment of restitution in the amount of $740.

Ordered that the sentence is modified, on the law, by deleting the provision thereof relating to the imposition of a mandatory surcharge; as so modified, the sentence is affirmed.

The court erred in directing the defendant to both make…