Defendant makes application for an order pursuant to CPL 420.10 for resentence upon the ground that he is indigent and cannot pay the $100 mandatory surcharge.
Notwithstanding the discretionary authority to waive the mandatory surcharge upon the grounds of indigency and unreasonable hardship (CPL 420.35), this court holds and determines that defendant's application should be denied based upon the mandated provision for payment by...
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