
    The People of the State of New York, Respondent, v Joseph Porter, Appellant.
   Judgment unanimously modified on the law by vacating the mandatory surcharge imposed and as modified affirmed (see, People v Floyd J., 61 NY2d 895; People v Spencer, 138 AD2d 976; Penal Law § 60.35 [1]; CPL 720.35 [1]). (Appeal from judgment of Erie County Court, La Mendola, J. — violation of probation.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.  