People v. Hazel

OPINION OF THE COURT

Joseph J. Dawson, J.

Defendant moves pursuant to section 420.40 (2) of the Criminal Procedure Law to defer payment of the mandatory *729surcharge, crime victim assistance fee and DNA databank fee imposed in this case (collectively the surcharges). The People take the position that the court lacks authority to defer payment of the surcharges associated with state prison inmates under the statute, and the papers of both sides illustrate that there is a split of authority among the lower courts concerning that question (compare People v Hopkins, 185 Misc 2d 312 [Sup Ct, Kings…