People v. Conigliaro
144 A.D.2d 685, 535 N.Y.S.2d 67, 1988 N.Y. App. Div. LEXIS 12446
Appellate Division of the Supreme Court of the State of New York·Decided November 28, 1988·Published·Cited by 5 cases
Opinion
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.
[686] The 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.
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People v. Conigliaro, 144 A.D.2d 685, 535 N.Y.S.2d 67, 1988 N.Y. App. Div. LEXIS 12446 (N.Y. Ct. App. 1988).
144 A.D.2d 685 (People v. Conigliaro) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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