Legal Opinion
People v. Snell
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1990PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously affirmed. Memorandum: County Court did not err in denying defendant’s application for resentencing pursuant to CPL 420.10 to dispense with the mandatory surcharge previously imposed by the court (see, Penal Law § 60.35 [1]). Defendant failed to demonstrate that the surcharge would work an unreasonable hardship upon him or upon his immediate family (see, People v Price, 145 AD2d 445, lv denied 73 NY2d 895; People v Fulton, 138 AD2d 514). Moreover, where, as here, defendant has been sentenced to a term of imprisonment, an application for vacatur of the mandatory surcharge is…
2Cases cited6 opinions
- People v. PeraltaAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1987
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ConigliaroAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by5 opinions
- People v. BurkeAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1991
- People v. HopkinsNew York Supreme Court · 2000
- People v. AncrumAppellate Division of the Supreme Court of the State of New York · 1992
- People v. OlivoNew York Supreme Court · 1992