PEOPLE v. BURKE


204 A.D.2d 345 (1994)

614 N.Y.S.2d 152

The People of the State of New York, Respondent, v. Jennifer Burke, Appellant

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

May 2, 1994


Ordered that the sentence is affirmed insofar as appealed from.

The only issue raised by the defendant is that the court should have waived the mandatory surcharge of $155 imposed as a condition of her sentence. However, it is well settled that such challenges are premature at the time of sentencing. The defendant may earn funds while incarcerated from which to pay the surcharge, or upon completion of the sentence the defendant...

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