Opinion
July 27, 1992
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the sentence is affirmed insofar as appealed from.
Since the defendant is incarcerated and the mandatory surcharge imposed on her conviction may be deducted from her inmate funds, her request for a waiver of the surcharge is premature (see, People v. Velez, 150 A.D.2d 514; People v. Peralta, 127 A.D.2d 803; People v. West, 124 Misc.2d 622). Mangano, P.J., Sullivan, Lawrence, Ritter and Santucci, JJ., concur.