People v. Hairston

— Casey, J.

Defendant entered a plea of guilty to the crime of sodomy in the second degree in full satisfaction of an indictment which charged that crime and also the crime of rape in the second degree. Defendant understood that he would be sentenced as a second felony offender to an indeterminate prison term of 3 to 6 years and admitted a prior conviction of the crime of sexual abuse in the first degree as the predicate felony. Defendant was sentenced as indicated, and County Court imposed a surcharge of $100 mandated by CPL 420.35, refusing defendant’s request to waive the surcharge for lack…