Opinion
June 21, 1990
Appeal from the Supreme Court, New York County (Allen Murray Myers, 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). If, at the conclusion of his imprisonment, the defendant finds himself unable to pay the surcharge, he may move at that time for a waiver thereof (see, CPL 420.35, 420.10 Crim. Proc.; People v. Williams, 131 A.D.2d 525). Moreover, 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).
Concur — Sullivan, J.P., Ross, Carro, Milonas and Rosenberger, JJ.