People v. Barnes

*703OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

The defendant, having pleaded guilty to the class B misdemeanor of attempted resisting arrest, was sentenced to 90 days’ imprisonment and a penalty assessment of $40. Defendant contends that the penalty assessment imposed under section 60.35 of the Penal Law, and made enforceable under CPL 420.35, is civil in nature and is unconstitutional in that it discriminates against individuals who are convicted of Penal Law offenses in violation of the equal protection clauses of the State and Federal Constitutions.

Assumin…