PEOPLE v. HILL (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Theodis HILL, Jr., Defendant-Appellant.

Decided: November 13, 2000

PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, SCUDDER and KEHOE, JJ.

Shirley A. Gorman, North Chili, for defendant-appellant.

County Court erred in imposing a surcharge of 10% of the amount of restitution ordered rather than the 5% directed by Penal Law § 60.27(8). The affidavit submitted by the director of the Probation Department fails to demonstrate “that the actual cost of the collection and administration of restitution” (Penal Law § 60.27[8] ) in this case exceeds 5% of the amount of restitution imposed. We therefore modify the judgment accordingly.

Judgment unanimously modified on the law and as modified affirmed.

MEMORANDUM:

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