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PEOPLE v. WOMACK

245 A.D.2d 148 (1997)

665 N.Y.S.2d 881

The People of the State of New York, Respondent, v. Jodie Womack, Appellant

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

December 16, 1997

Defendant's claim concerning the mandatory surcharge should be raised in the sentencing court pursuant to a motion for re-sentencing (People v Rada, 160 A.D.2d 552). Nonetheless, defendant failed to establish that the surcharge worked an unreasonable hardship on him or his family (supra). Furthermore, defendant's claim is premature since he may move therefor upon his release from prison (People v Velasquez, ...

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