People v Johnson, 2011 NY Slip Op 03135 [83 AD3d 546]

April 19, 2011

Appellate Division, First Department

— [*1]

Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Marc A. Sherman of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (David Stadtmauer, J.), rendered April 1, 2009, resentencing defendant, as a second violent felony offender, to a term of 15 years, unanimously modified, on the law, to the extent of reducing the amounts of the mandatory surcharge and crime victim assistance fees from $200 and $20 to $150 and $5, respectively, and otherwise affirmed.

As the People concede, since defendant committed the crime before the effective dates of legislation increasing the mandatory surcharge and crime victim assistance fees, defendant’s sentence is unlawful to the extent indicated. Concur—Andrias, J.P., Saxe, Moskowitz, Richter and Manzanet-Daniels, JJ..