People v. Gruber

OPINION OF THE COURT

Eli H. Mellan, J.

In the above-entitled matter, the defendant being a mandatory youthful offender, pleaded guilty to sections 110.00 and 165.40 of the Penal Law as a class B misdemeanor. Upon conviction of the misdemeanor, under section 60.35 a mandatory penalty assessment must be levied in the sum of $40. The issue raised in this instance by the attorney for the defendant is whether the granting of the youthful offender application nullifies the requirement of imposing the mandatory penalty assessment. The enforceability of penalty assessment and the judicial advisability…