Legal Opinion
People v. Floyd J.
New York Court of Appeals
Decided February 28, 1984PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the County Court should be modified to the extent of vacating the penalty assessment and, as so modified, affirmed.
Subdivision 1 of section 60.35 of the Penal Law mandates the imposition of a penalty assessment (now denominated a “mandatory surcharge”, L 1983, ch 15, § 2) upon a conviction for a felony, a misdemeanor, or a violation. CPL 720.35 (subd 1) states that a “youthful offender adjudication is not a judgment of conviction”. When the language of a statute is clear and unambiguous, the court is constrained to give effect to the plain meaning…
2Cases cited2 opinions
- Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
- People v. GruberNew York District Court · 1983
3Cited by26 opinions
- Capital Newspapers Division of Hearst Corp. v. MoynihanNew York Court of Appeals · 1988
- DEVISONBoard of Immigration Appeals · 2000
- State v. ParkerCourt of Appeals of Utah · 1994
- Laiosa v. Camelot AMC/Jeep, Ltd.Appellate Division of the Supreme Court of the State of New York · 1985
- People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 1994
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