New York Court of Appeals
The People of the State of New York, Respondent v. Felix Soriano Guerrero, Appellant
February 19, 200912 N.Y.3d 45
Summary
The Court held that the mandatory surcharge and crime victim assistance fee imposed under Penal Law § 60.35(1) are not components of a sentence for purposes of CPL §§ 380.20 and 380.40, and therefore a judge need not pronounce them in the defendant’s presence at sentencing. The Court affirmed the Appellate Division’s order. The decision relied on its prior rulings in Sparber and Nieves and on legislative history showing the surcharge is a revenue measure, not a punitive element.