| People v Harris |
| 2007 NY Slip Op 10477 [46 AD3d 470] |
| December 27, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Christopher Harris, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Gina Mignola of counsel), forrespondent.
Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 7, 2006,convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, andsentencing him, as a second felony offender, to a term of from 1½ to 3 years, unanimouslyaffirmed.
Defendant claims that the court unlawfully imposed a mandatory surcharge and fees, withoutincluding them in its oral pronouncement of sentence. For the reasons stated in our decision in People v Lemos (34 AD3d 343[2006], lv denied 8 NY3d 924 [2007]), we find that claim to be unpreserved. Were we toreview the claim, we would find it without merit (id.). Since the imposition of thesurcharge and fees was a ministerial matter containing no element of discretion (compare People v Williams, 44 AD3d335 [2007]), these portions of the sentence could be imposed by way of the court'scommitment sheet and worksheet, which constituted "[entries] upon the records of the court"(Hill v United States ex rel. Wampler, 298 US 460, 464 [1936]).Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.