1. Does imposition of New York Penal Law § 60.35, subdivision 1, as-applied to Petitioner result in State perpetrating extrinsic fraud upon Petitioner?

2. Was New York Penal Law § 60.35, subdivision 1, originally entitled "Mandatory penalty assessment required in certain cases," presently entitled "Mandatory Surcharge," and enactment, victim as-applied to Petitioner violative of his right to due process under the Fourteenth Amendment of United States Constitution when Petitioner was neither provided notice nor opportunity to be heard concerning Monetary exaction said statute called for?

Whether the imposition of New York Penal Law § 60.35, as applied to Petitioner, results in state perpetrating extrinsic fraud and violates due process rights under the Fourteenth Amendment when Petitioner was not provided notice or opportunity to be heard concerning the mandatory monetary assessment