People v. Conigliaro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Seidell, J.), imposed November 30, 1987.
Ordered that the sentence is affirmed.
*686The sentence imposed was appropriate. The defendant’s request for vacatur of the mandatory surcharge due to indigency is premature since the defendant is incarcerated (see, Penal Law § 60.35 [5]; People v West, 124 Misc 2d 622; People v Peralta, 127 AD2d 803; People v Perrine, 111 AD2d 193). Mollen, P. J., Mangano, Eiber and Sullivan, JJ., concur.
2Cases cited3 opinions
- People v. West, New York County Courts1984
- People v. PeraltaAppellate Division of the Supreme Court of the State of New York · 1987
- People v. PerrineAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- People v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1991
- People v. SnellAppellate Division of the Supreme Court of the State of New York · 1990
- People v. JohnsonNew York Supreme Court · 1990
- People v. OlivoNew York Supreme Court · 1992
- People v. RomanAppellate Division of the Supreme Court of the State of New York · 1991