PEOPLE v. JAMES


144 A.D.2d 717 (1988)

The People of the State of New York, Respondent, v. Carl James, Appellant

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

November 3, 1988


Kane, J.

County Court sentenced defendant to an indeterminate prison term of one to three years and, in addition, imposed the mandatory surcharge of $100 (see, Penal Law § 60.35 [1] [a]). Defendant is indigent. On this appeal, defendant contends that the statute imposing the surcharge is unconstitutional since it violates both State and Federal Equal Protection Clauses and lacks a rational basis...

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