PEOPLE v. HARRIS (2008)

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered December 7, 2006, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1 1/212 years, unanimously affirmed.

The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court's oral pronouncement of sentence, was lawful.   We do not find anything to the contrary in People v. Sparber, 10 N.Y.3d 457, 859 N.Y.S.2d 582, 889 N.E.2d 459, 2008 WL 1860092 [2008].   Although fees and surcharges are part of a defendant's sentence for the purpose of appealability and reviewability (People v. Hernandez, 93 N.Y.2d 261, 268, 689 N.Y.S.2d 695, 711 N.E.2d 972 [1999] ), they are essentially revenue-raising or cost-shifting devices (People v. Quinones, 95 N.Y.2d 349, 352, 717 N.Y.S.2d 86, 740 N.E.2d 231 [2000];  People v. Barnes, 62 N.Y.2d 702, 476 N.Y.S.2d 528, 465 N.E.2d 35 [1984] ), and, unlike post-release supervision, are not sentencing components of such significance that they may only be imposed in accordance with CPL 380.20 and 380.40.