While indicating that he did not wish to impose the "mandatory" $100 surcharge prescribed by Penal Law § 60.35 for one convicted of a felony, the sentencing court was apparently under the impression, shared by counsel, that the surcharge could not be waived. However, CPL 420.35 expressly authorizes waiver of the surcharge "where, because of the indigency of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted or his...
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