Opinion
May 2, 1994
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the sentence is affirmed insofar as appealed from.
The only issue raised by the defendant is that the court should have waived the mandatory surcharge of $155 imposed as a condition of her sentence. However, it is well settled that such challenges are premature at the time of sentencing. The defendant may earn funds while incarcerated from which to pay the surcharge, or upon completion of the sentence the defendant may move to vacate the surcharge on a showing of indigency (see, People v. West, 124 Misc.2d 622; People v Fields, 193 A.D.2d 814; see also, People v. Velasquez, 198 A.D.2d 25; People v. Mejia, 191 A.D.2d 844; People v. Snell, 161 A.D.2d 1125). In either event, such challenges are unavailing at this juncture. Mangano, P.J., Rosenblatt, Miller, Copertino and Krausman, JJ., concur.