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People v. Brotherton

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1995
222 A.D.2d 916 (N.Y. App. Div. 1995)

Opinion

December 21, 1995

Appeal from the County Court of Franklin County (Main, Jr., J.).


Defendant pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years to run consecutive to the sentence he was serving. In addition, County Court imposed a mandatory surcharge of $150 and crime victims' assistance fee of $5. Defendant contends, inter alia, that County Court should have waived the mandatory surcharge. Initially, inasmuch as defendant has not completed his term of imprisonment, we find his request for waiver of the mandatory surcharge to be premature ( see, People v Ramirez, 208 A.D.2d 381, lv denied 84 N.Y.2d 1037; People v Mejia, 191 A.D.2d 844, lv denied 81 N.Y.2d 1017). Nevertheless, were we to consider the merits, we would find that County Court did not abuse its discretion in refusing to waive the surcharge ( see, People v McGarry, 219 A.D.2d 744; People v Prince, 196 A.D.2d 917, lv denied 82 N.Y.2d 901). We have considered defendant's remaining arguments and find them to be without merit.

White, J.P., Casey, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Brotherton

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1995
222 A.D.2d 916 (N.Y. App. Div. 1995)
Case details for

People v. Brotherton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUPERT BROTHERTON…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 1995

Citations

222 A.D.2d 916 (N.Y. App. Div. 1995)
635 N.Y.S.2d 761

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