PEOPLE v. CEDANO

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

The PEOPLE of the State of New York, Respondent, v. Sandro CEDANO, also known as Oscar Gomez, Defendant-Appellant.

Decided: October 20, 2005

MAZZARELLI, J.P., FRIEDMAN, MARLOW, NARDELLI, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Alexis Pimentel of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered April 9, 2003, convicting defendant, upon his plea of guilty, of bail jumping in the first degree, and sentencing him to a term of 1 to 3 years, and judgment, same court and Justice, rendered May 16, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a consecutive term of 3 1/212 years, unanimously modified, on the law, to the extent of reducing the amounts of the mandatory surcharge fee and crime victim assistance fee to $150 and $5, respectively, and otherwise affirmed.

As the People concede, since the crimes were committed prior to the effective date of the legislation (Penal Law § 60.35[1][a] [former (1)(e) ] ) providing for the imposition of an increased mandatory surcharge fee and crime victim assistance fee, the sentences are unlawful to the extent indicated.