PEOPLE v. HAZEL


13 Misc.3d 728 (2006)

827 N.Y.S.2d 561

THE PEOPLE OF STATE OF NEW YORK, Plaintiff, v. JOSEPH HAZEL, Defendant.

Supreme Court, Bronx County.

September 28, 2006.


Attorney(s) appearing for the Case

Bronx Defenders (Robin G. Steinberg and Lily J. Shapiro of counsel), for defendant.

Robert T. Johnson, District Attorney (Jean Soo Park and David S. Weisel of counsel), for plaintiff.


OPINION OF THE COURT

JOSEPH J. DAWSON, J.

Defendant moves pursuant to section 420.40(2) of the Criminal Procedure Law to defer payment of the mandatory surcharge, crime victim assistance fee and DNA databank fee imposed in this case (collectively the surcharges). The People take the position that the court lacks authority to defer payment of the surcharges associated with state prison inmates under the statute...

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