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PEOPLE v. BENSON

232 A.D.2d 497 (1996)

648 N.Y.S.2d 943

The People of the State of New York, Respondent, v. Bernard Benson, Also Known as Joe Brown, Appellant

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

October 15, 1996

Ordered that the sentence is affirmed insofar as appealed from.

The defendant challenged the court's refusal to waive the mandatory surcharge imposed as a condition of his sentence. It is well settled that such challenges are premature at the time of sentencing, since the defendant may earn funds while incarcerated from which to pay the surcharge, or upon completion of the sentence the defendant may move to vacate the surcharge...

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