PEOPLE v. CARLTON


133 A.D.2d 776 (1987)

The People of the State of New York, Respondent, v. Edgar Carlton, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 19, 1987


Ordered that the judgment is affirmed.

Neither the defendant nor his attorney made any objection when the sentencing court imposed the mandatory surcharge of $100 (see, Penal Law § 60.35 [1] [a]). Further, the record contains no indication that the defendant either applied for resentencing pursuant to CPL 420.10 (5) or otherwise sought a waiver of the surcharge on the basis that payment of it would "work an unreasonable hardship" (CPL 420.35). The defendant...

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