| People v Cruz |
| 2006 NYSlipOp 00170 |
| January 10, 2006 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v Edwin Cruz, Appellant. |
—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered January 22, 2004, convicting him of murder in the second degree, upon his plea of guilty, and imposing a sentence of 20 years to life, with a mandatory surcharge and crime victims assistance fee in the sum of $210.
Ordered that the judgment is modified, on the law, by reducing the mandatory surcharge and crime victims assistance fee from the sum of $210 to the sum of $155; as so modified, the judgment is affirmed.
As the People correctly concede, the Supreme Court erred in imposing a mandatory surcharge and crime victims assistance fee in the sum of $210 since Penal Law § 60.35 required a mandatory surcharge and crime victims assistance fee in the sum of $155 at the time the criminal acts underlying the instant convictions were committed (see Penal Law § 60.35; People v Moye, 4 AD3d 488, 489 [2004]).
The issue of the excessiveness of the defendant's sentence is not properly before this Court since he waived his right to appeal.[*2]
The defendant's remaining contention is without merit. Crane, J.P., Luciano, Skelos and Lifson, JJ., concur.