People v Hoti, 12 NY3d 742 (2009)

2009 NY Slip Op 01249 [12 NY3d 742]
February 19, 2009
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Bajro Hoti, Appellant.

Decided February 19, 2009

People v Hoti, 52 AD3d 211, affirmed.

{**12 NY3d at 743} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. The mandatory surcharge, crime victim assistance fee and DNA databank fee are not components of a defendant’s sentence (see People v Guerrero 12 NY3d 45 [2009] [decided today]). Accordingly, the court’s failure to pronounce the surcharge and fees prior to the entry of defendant’s plea did not deprive the defendant of the opportunity to knowingly, voluntarily and intelligently choose among alternative courses of action (cf. People v Catu, 4 NY3d 242, 245 [2005]).

Concur: Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones. Taking no part: Chief Judge Lippman.