People v. Conigliaro
This text of 144 A.D.2d 685 (People v. Conigliaro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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]*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.
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Cite This Page — Counsel Stack
144 A.D.2d 685, 535 N.Y.S.2d 67, 1988 N.Y. App. Div. LEXIS 12446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-conigliaro-nyappdiv-1988.