
    The People of the State of New York, Respondent, v Donald M. Ellis, Appellant.
   Appeal by the defendant, as limited by his brief, from (1) an amended sentence of the County Court, Dutchess County (King, J.), imposed September 28, 1989, revoking a sentence of 30 days imprisonment to run concurrent with and as a condition of a term of five years probation, upon a finding that he had violated the conditions of his probation, upon his admission, and imposing a definite term of six months imprisonment to run concurrent with and as a condition of a term of five years probation, and (2) a further amended sentence of the same court, imposed June 6, 1990, revoking the amended sentence of probation previously imposed by the same court on September 28, 1989, upon a finding that he had violated the conditions thereof, after a hearing, and imposing a sentence of one and one-third to four years imprisonment and a surcharge of $117, upon his previous conviction of driving while intoxicated.

Ordered that the amended sentence imposed September 28, 1989, is affirmed; and it is further,

Ordered that the further amended sentence imposed June 6, 1990, is modified, on the law, by reducing the surcharge to $10; as so modified, the further amended sentence is affirmed.

The defendant contends, and the People concede, that the court erred in imposing a surcharge of $117. Under Vehicle and Traffic Law § 1809 (1) the applicable surcharge in this case is $10. The further amended sentence imposed on June 6, 1990, was not otherwise excessive and there is no basis to disturb it (see, CPL 470.15 [3]; People v Suitte, 90 AD2d 80). Mangano, P. J., Thompson, Lawrence, Miller and O’Brien, JJ., concur.  