Appellate Division of the Supreme Court of New York, 1991

People v. Pagan

Appellate Division of the Supreme Court of New York · Decided October 3, 1991

176 A.D.2d 472; 574 N.Y.S.2d 518; 1991 N.Y. App. Div. LEXIS 12950

Cases that cite this one

1 later published case cites this decision.

People v. Griffin (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered October 11,1989 convicting defendant upon his plea of guilty, of attempted burglary in the second degree and sentencing him, as a predicate felon, to an indeterminate prison term of from two and one-half to five years, unanimously affirmed.

The defendant’s application for waiver of the mandatory surcharge due to indigency is premature (People v Wilkes, 162 AD2d 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; People v Williams 131 AD2d 525).

*473We 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.