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Fourth Department — Robbery: People v. Turner

Appellate Division, Fourth Department


Surcharge on Restitution

People v. Turner
KA 07-00633
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

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