Opinion
June 21, 1990
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
The defendant's application for waiver of the mandatory surcharge due to indigency is premature. (People v. Velez, 150 A.D.2d 514, lv denied 74 N.Y.2d 748.) In any event, we find defendant's arguments concerning the constitutionality of the imposition of the surcharge to be meritless. (See, People v Barnes, 62 N.Y.2d 702, 703.)
Concur — Kupferman, J.P., Ellerin, Wallach and Smith, JJ.