Opinion
March 14, 1988
Appeal from the Supreme Court, Kings County (Grajales, J.).
Ordered that the judgment is affirmed.
The remarks and questions of the prosecutor challenged on appeal were not objected to at trial. Consequently, any error with respect thereto has not been preserved for appellate review (see, CPL 470.05; People v. Williams, 46 N.Y.2d 1070), and we decline to exercise our interest of justice jurisdiction in this instance.
We further decline to modify the sentence imposed (see, People v. Suitte, 90 A.D.2d 80). Finally, the sentencing court did not err in imposing the $100 mandatory surcharge pursuant to Penal Law § 60.35; there was no showing that its payment would work an unreasonable hardship on the defendant or his family (see, CPL 420.35; People v. Williams, 131 A.D.2d 525, lv denied 70 N.Y.2d 718). Should the defendant find himself unable to pay the surcharge at the conclusion of his imprisonment, he may then move for a waiver thereof (see, CPL 420.35, 420.10 Crim. Proc. [5]; People v West, 124 Misc.2d 622; People v. Williams, supra, at 525). Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.