| People v Burke |
| 2008 NY Slip Op 00578 [47 AD3d 1161] |
| January 31, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Casey C.Burke, Appellant. |
—[*1] David S. Hartnett, District Attorney, Cortland (Jevon L. Garrett of counsel), forrespondent.
Cardona, P.J. Appeal from a judgment of the County Court of Cortland County (Campbell,J.), rendered April 20, 2006, convicting defendant upon his guilty plea of the crimes of rape inthe third degree and attempted burglary in the third degree.
Defendant pleaded guilty to rape in the third degree in full satisfaction of an 11-countindictment and, based on a separate incident, attempted burglary in the third degree insatisfaction of a superior court information. Pursuant to the plea agreement, defendant wassentenced as a second felony offender to two concurrent prison terms of 2 to 4 years and orderedto pay, among other things, $2,215.96 to the Cortland County Sheriff's Department, representingthe cost of extraditing defendant from Florida. Defendant appeals, contending that County Courterred in ordering him to pay the cost of his extradition.
We affirm. Generally, the cost of extradition is included in the normal operating costs of lawenforcement, however, nothing precludes the law enforcement agency "from collecting theexpenses involved in extradition from the person who was extradited" (CPL 570.56). To that end,a sentence ordering reimbursement of the cost of extradition may be predicated on a defendant'scommitment to pay that cost as part of a plea agreement (see People v Perry, 261 AD2d650, 651 [1999], lv denied 93 NY2d 1024 [1999]; compare People v La Fave,265 AD2d 740, 743 [1999]). Here, inasmuch as defendant agreed to pay the extradition costs aspart of the [*2]negotiated plea agreement, County Court did noterr in imposing such costs against defendant.
Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.