[DOWNLOAD] "People v. Cecilia Angelista" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Cecilia Angelista
• Author : Supreme Court of New York
• Release Date : January 09, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

DECISION & ORDER The defendant's application for a waiver of the $100 mandatory surcharge imposed by the court is premature
since the defendant is presently incarcerated (see, People v West, 124 Misc. 2d 622; see also, People v Jones, A.D.2d [2d
Dept., Oct. 29, 1990]; People v Velez, 150 A.D.2d 514). If, at the conclusion of her imprisonment, the defendant is unable
to pay the mandatory surcharge, she may move at that time for a waiver (see, CPL 420.35; 420.10 [5]; People v Jones, supra;
People v Lewis, 134 A.D.2d 286). The defendant's challenge to the imposition of the surcharge as violative of her constitutional rights to equal protection
and due process of law is not preserved for appellate review (see, CPL 470.05 [2]; People v Ruz, 70 N.Y.2d 942; People v Cobb,
153 A.D.2d 642).

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