People v. Diaz-Mejia

Appellate Division of the Supreme Court of New York

People v. Diaz-Mejia

162 A.D.2d 300, 559 N.Y.S.2d 132, 1990 N.Y. App. Div. LEXIS 7443

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1990

StatusPublished

Cited by1 cases

This text of 162 A.D.2d 300 (People v. Diaz-Mejia) 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.

Bluebook

People v. Diaz-Mejia, 162 A.D.2d 300, 559 N.Y.S.2d 132, 1990 N.Y. App. Div. LEXIS 7443 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered June 9, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree and sentencing him to an indeterminate term of imprisonment of from three years to life, unanimously affirmed.

The defendant’s application for waiver of the mandatory surcharge due to indigency is premature. (People v Velez, 150 AD2d 514, Iv denied 74 NY2d 748.) In any event, we find defendant’s arguments concerning the constitutionality of the imposition of the surcharge to be meritless. (See, People v Barnes, 62 NY2d 702, 703.) Concur—Kupferman, J. P., Ellerin, Wallach and Smith, JJ.

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Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered June 9, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree and sentencing him to an indeterminate term of imprisonment of from three years to life, unanimously affirmed.

The defendant’s application for waiver of the mandatory surcharge due to indigency is premature. (People v Velez, 150 AD2d 514, Iv denied 74 NY2d 748.) In any event, we find defendant’s arguments concerning the constitutionality of the imposition of the surcharge to be meritless. (See, People v Barnes, 62 NY2d 702, 703.) Concur—Kupferman, J. P., Ellerin, Wallach and Smith, JJ.

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Bluebook (online)

162 A.D.2d 300, 559 N.Y.S.2d 132, 1990 N.Y. App. Div. LEXIS 7443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diaz-mejia-nyappdiv-1990.

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