People v. Brooks

Judgment of the Supreme Court, Bronx County (Fred Eggert, J.) rendered April 15, 1985, after a jury trial, convicting the defendant of manslaughter in the first degree and sentencing him to an indeterminate term of from 5 to 15 years and imposing a surcharge pursuant to *423Penal Law § 60.35, modified, on the law, to delete the surcharge, and otherwise affirmed.

Inasmuch as the offense involved was committed prior to the effective date of the mandatory surcharge statute, it could not be applied ex post facto. (People v Clarke, 111 AD2d 11.)

The People properly concede to this effect.

The defendant…