Majority
p. 740[904 NE2d 832, 876 NYS2d 696] The People of the State of New York, Respondent, v Dwight Furet, Also Known as Ira Morsby, Appellant. Decided February 19, 2009
APPEARANCES OF COUNSEL
Center for Appellate Litigation, New York City (William A. Loeb of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York City (Dana Poole of counsel), for respondent.
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 af
p. 741
firmed. The mandatory surcharge, crime victim assistance fee and DNA databank fee need not be pronounced by the court at sentencing (see People v Guerrero, 12 NY3d 45 [2009] [decided today]). The lower courts’ determinations regarding reasonable suspicion and probable cause, which are mixed questions of law and fact, have support in the record and are thus beyond our further review.
Concur: Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones. Taking no part: Chief Judge Lippman.
Cases cited
- People v. Guerrero 12 NY3d 45 p. 741