PEOPLE v. HOTI (2009)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Bajro HOTI, Appellant.

Decided: February 19, 2009

Center for Appellate Litigation, New York City (Mark W. Zeno of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York City (Richard Nahas of counsel), for respondent.

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 N.Y.3d 45, 876 N.Y.S.2d 687, 904 N.E.2d 823 [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 N.Y.3d 242, 245, 792 N.Y.S.2d 887, 825 N.E.2d 1081 [2005] ).

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES, concur; Chief Judge LIPPMAN, taking no part.

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