Legal Opinion

People v. Hoti

New York Court of Appeals

Decided February 19, 2009PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. The mandatory surcharge, crime victim assistance fee and DNA databank fee are not components of a defendant’s sentence (see People v Guerrero, 12 NY3d 45 [2009] [decided today]). Accordingly, the court’s failure to pronounce the surcharge and fees prior to the entry of defendant’s plea did not deprive the defendant of the opportunity to knowingly, voluntarily and intelligently choose among alternative courses of action (cf. People v Catu, 4 NY3d 242,…

2Cases cited2 opinions

  1. People v. CatuNew York Court of Appeals · 2005
  2. People v. GuerreroNew York Court of Appeals · 2009

3Cited by41 opinions

  1. People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. KirklandAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. GeraldAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. BowesAppellate Division of the Supreme Court of the State of New York · 2022

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