People v Talavera, 2018 NY Slip Op 08758 [167 AD3d 525]

December 20, 2018

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Raymond Talavera, Appellant.

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

Darcel D. Clark, District Attorney, Bronx (Beth R. Kublin of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Shari R. Michels, J.), rendered February 16, 2017, convicting defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree, and sentencing him to a term of seven years, unanimously modified, on the law, to the extent of reducing the mandatory surcharge and crime victim assistance fee to $250 and $20, respectively, and otherwise affirmed.

We perceive no basis for reducing the sentence.

As the People concede, the surcharge and fee should be reduced to the amounts applicable at the time of the crime. Concur—Richter, J.P., Manzanet-Daniels, Tom, Gesmer, Kern, JJ..