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1
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OPINION
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EXTRACTED KEY WORDS
RESTITUTION VICTIM ASSISTANCE FEE DEFENDANT MANDATORY SURCHARGE/CRIME SENTENCING COURT IMPOSE CRIME VICTIM APPELLATE DIVISION ROBBERY AD2D PAY AFFIRM DRIVER CAB JUDGE CABRERA PAYMENT PAID LANGUAGE RESPONDENT OPINION CIPARICK STATUTE CONVICTION JURY CHARGES INCIDENTS MONEY GUILTY |
2 No. 123
The People &c.,
Respondent,
v.
Giovani N. Quinones,
Appellant.
_________________________________________________________________
2000 NY Int. 121
November 16, 2000
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Submitted by Yasmin Daley Duncan, for appellant.
Ellen O'Hara Woods, for respondent.
_________________________________________________________________
CIPARICK, J.:
The primary issue in this appeal is whether, consistent with Penal
Law § 60.35(6), a sentencing court may simultaneously impose a
sentence of restitution to the crime victim, along with the mandatory
surcharge/crime victim assistance fee. Based on the clear language of
that statute, we conclude that the sentencing court can order both,
and we affirm the order of the Appellate Division.
Defendant was convicted after a jury trial of four counts of robbery
in the first degree and two counts of robbery in the second degree.
These charges arose out of two incidents, the first of which involved
the robbery of a taxicab driver. Defendant along with three young
women hired a cab to take them to a deserted location. Brandishing
knives, they ordered the driver to give them money. The driver
complied, giving defendant and his companions $100 in cash and then
exited the cab. Defendant and the others drove away with the cab and
its contents. In the second incident that same day, defendant and a
young woman held their victim at knifepoint and demanded money. He had
only 25 cents and a stick of gum, which defendant and his cohort took.
The robberies were charged in separate indictments but these were
joined for trial. Defendant's accomplices accepted guilty pleas and
agreed to testify against him at trial. After the jury returned guilty
verdicts on all the robbery counts, County Court imposed a prison term
for each conviction, and ordered defendant to pay the cab driver $100
in restitution (see, Penal Law § 60.27). The court also imposed the
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