Appellate Division, Fourth Department
Surcharge on Restitution
People v. Turner
Appealed from Onondaga County Court
Background: The defendant was convicted by a jury of several counts of robbery and grand larceny. On appeal, he contended, and the people conceded, that the court erred imposing a restitution surcharge of 10 percent.
Ruling: Judgment is modified by reducing the surcharge imposed on the amount of restitution from 10 percent to 5 percent. The surcharge on the amount of restitution shall not exceed 5 percent unless there is a showing that the actual cause of the collection and administration of restitution or reparation in a particular case exceeds 5 percent of the entire amount of the payment or the amount actually collected. Penal Law § 60.27. Here, there was no evidence to support imposition of 10 percent.
Linda M. Campbell for defendant; James P. Maxwell for Onondaga County District Attorney