Legal Opinion

People v. Conigliaro

Appellate Division of the Supreme Court of the State of New York

Decided November 28, 1988PublishedCited by 5 opinions

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

  1. People v. West, New York County Courts1984
  2. People v. PeraltaAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. PerrineAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by5 opinions

  1. People v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. SnellAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. JohnsonNew York Supreme Court · 1990
  4. People v. OlivoNew York Supreme Court · 1992
  5. People v. RomanAppellate Division of the Supreme Court of the State of New York · 1991