People v. Wilkes

Appellate Division of the Supreme Court of New York

People v. Wilkes

162 A.D.2d 303, 559 N.Y.S.2d 130, 1990 N.Y. App. Div. LEXIS 7457

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

DecidedJune 21, 1990

StatusPublished

Cited by2 cases

This text of 162 A.D.2d 303 (People v. Wilkes) 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. Wilkes, 162 A.D.2d 303, 559 N.Y.S.2d 130, 1990 N.Y. App. Div. LEXIS 7457 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Allen Murray Myers, J.), rendered December 16, 1987, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree and sentencing him, as a predicate felon, to an indeterminate prison term of from 2Vz to 5 years, 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). If, at the conclusion of his imprisonment, the defendant finds himself unable to pay the surcharge, he may move at that time for a waiver thereof (see, CPL 420.35, 420.10; People v Williams, 131 AD2d 525). Moreover, we find defendant’s arguments concerning the constitutionality of the imposition of the surcharge to be meritless (see, People v Barnes, 62 NY2d 702). Concur—Sullivan, J. P., Ross, Carro, Milonas and Rosenberger, JJ.

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Judgment, Supreme Court, New York County (Allen Murray Myers, J.), rendered December 16, 1987, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree and sentencing him, as a predicate felon, to an indeterminate prison term of from 2Vz to 5 years, 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). If, at the conclusion of his imprisonment, the defendant finds himself unable to pay the surcharge, he may move at that time for a waiver thereof (see, CPL 420.35, 420.10; People v Williams, 131 AD2d 525). Moreover, we find defendant’s arguments concerning the constitutionality of the imposition of the surcharge to be meritless (see, People v Barnes, 62 NY2d 702). Concur—Sullivan, J. P., Ross, Carro, Milonas and Rosenberger, JJ.

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Bluebook (online)

162 A.D.2d 303, 559 N.Y.S.2d 130, 1990 N.Y. App. Div. LEXIS 7457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wilkes-nyappdiv-1990.

Opinion

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