People v. West

OPINION OF THE COURT

Frederick D. Dugan, J.

Defendant here moves for waiver of the mandatory surcharge of $75 for felony convictions imposed upon him at sentencing (CPL 420.35).

On May 20, 1983, defendant was determined to be a second felony offender and upon his guilty plea April 15, 1983 to burglary in the third degree, a class D felony, an indeterminate sentence was imposed for a maximum term of four years and a minimum of two years.

At sentencing, a mandatory surcharge of $75 was imposed, to be paid to the Probation Department within 30 days (Penal Law, § 60.35, subds 1,2), reserving…