People v. Spencer (138 A.D.2d 976, 1988)

Adjudication unanimously modified on the law by vacating the mandatory surcharge imposed and as modified adjudication affirmed (see, People v Floyd J., 61 NY2d 895; Penal Law § 60.35 [1]; CPL 720.35 [1]). (Appeal from adjudication of Steuben County Court, Finnerty, J. — youthful offender.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.