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PEOPLE v. ARFMAN

167 A.D.2d 344 (1990)

The People of the State of New York, Respondent, v. Lawrence Arfman, Appellant

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

November 5, 1990

Ordered that the judgment is affirmed.

There is no merit to the defendant's challenge to the constitutionality of Penal Law § 60.35 and CPL 420.35, which provide for the imposition or waiver, in the court's discretion, of the $100 mandatory surcharge (see, People v Barnes, 62 N.Y.2d 702). Moreover, should the defendant find himself unable to pay the surcharge at the conclusion of his imprisonment, he may then...

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