| People v Harris |
| 2008 NY Slip Op 04446 [51 AD3d 523] |
| May 15, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Raymond Harris, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), forrespondent.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered December 7,2006, convicting defendant, upon his plea of guilty, of criminal possession of stolen property inthe fourth degree, and sentencing him, as a second felony offender, to a term of 1½ years,unanimously affirmed.
The imposition of mandatory surcharges and fees by way of court documents, but withoutmention in the court's oral pronouncement of sentence, was lawful. We do not find anything tothe contrary in People v Sparber (10 NY3d 457 [2008]). Although fees and surchargesare part of a defendant's sentence for the purpose of appealability and reviewability (People vHernandez, 93 NY2d 261, 268 [1999]), they are essentially revenue-raising or cost-shiftingdevices (People v Quinones, 95 NY2d 349, 352 [2000]; People v Barnes, 62NY2d 72 [1984]), and, unlike postrelease supervision, are not sentencing components of suchsignificance that they may only be imposed in accordance with CPL 380.20 and 380.40.Concur—Mazzarelli, J.P., Friedman, Buckley, Sweeny and Renwick, JJ.