Ordered that the judgment is modified, on the law, by vacating so much of the sentence as imposed a mandatory surcharge and crime victim assistance fee; as so modified, the judgment is affirmed.
As the People correctly concede, the mandatory surcharge and crime victim assistance fee imposed upon the defendant (see Penal Law § 60.35[1]) must be vacated in light of the retroactive application of amendments repealing the imposition of mandatory surcharges...
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