People v Furet
2009 NY Slip Op 01248 [12 NY3d 740]
February 19, 2009
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2009

The People of the State of New York, Respondent,
Dwight Furet, Also Known as Ira Morsby, Appellant.

Decided February 19, 2009

People v Furet, 47 AD3d 430, affirmed.


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.

{**12 NY3d at 740} 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{**12 NY3d at 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.