People v. Johnson

OPINION OF THE COURT

Dominic R. Massaro, J.

Pursuant to CPL 420.35, Annette Johnson moves for an order waiving the mandatory surcharge imposed upon her at *1016the time of sentencing, nunc pro tunc. The People are in opposition.

The record discloses that under indictment No. 334/89, Ms. Johnson was convicted of a felony on November 20, 1989: criminal sale of a controlled substance in the fifth degree (Penal Law § 220.06). On January 11, 1990, she was sentenced to an indeterminate term of incarceration of from 2Vi to 5 years; the mandatory surcharge of $100 was likewise imposed as provided by law…