Majority
p. 690The People of the State of New York, Respondent, v Orlando Perez, Appellant.
p. 691
The defendant’s application for a waiver of the mandatory surcharges imposed by the court is premature since he is presently incarcerated (see, CPL 420.35, 420.10 [5]; People v Angelista, 176 AD2d 238 ; People v Arfman, 167 AD2d 344 ; People v West, 124 Misc 2d 622 ).
We find that the sentences imposed by the court were not excessive (see, People v Suitte, 90 AD2d 80 ). Mangano, P. J., Kunzeman, Lawrence, Miller and O’Brien, JJ., concur.
Cases cited
- People v. West 124 Misc 2d 622 p. 691
- People v. Suitte 90 AD2d 80 p. 691