Opinion
October 3, 1991
Appeal from the Supreme Court, Bronx County (Ivan Warner, J.).
The defendant's application for waiver of the mandatory surcharge due to indigency is premature (People v. Wilkes, 162 A.D.2d 303). If, at the conclusion of his imprisonment, the defendant is unable to pay the surcharge, he may at that time move for a waiver thereof (see, CPL 420.35, 420.10 Crim. Proc.; People v Williams 131 A.D.2d 525).
We find no merit to defendant's argument concerning the constitutionality of the mandatory surcharge (People v. Wilkes, supra).
Concur — Sullivan, J.P., Kupferman, Ross, Kassal and Smith, JJ.