People v. Olivo

OPINION OF THE COURT

Michael L. Pesce, J.

Defendants independently move pro se for orders pursuant *150to CPL 420.35, vacating the mandatory surcharges imposed upon them at the time of sentencing. Each defendant claims that due to his incarceration, he cannot earn enough money to satisfy this obligation. Further, all three urge that forcing them to pay the surcharge would create an undue hardship on them and their families.

The first defendant, Victor Olivo, pleaded guilty on October 4, 1991 to grand larceny in the fourth degree, and was sentenced on October 29, 1991 to an agreed upon term of two to…