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People v. Murray

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1988
137 A.D.2d 768 (N.Y. App. Div. 1988)

Opinion

February 22, 1988

Appeal from the Supreme Court, Kings County (Deeley, J.).


Ordered that the judgment is affirmed.

The defendant's contentions challenging the trial court's charge to the jury have not been preserved for appellate review (see, CPL 470.05; People v Harrell, 59 N.Y.2d 620, 622) and we decline to review them in the interest of justice.

Further, we find that the trial court properly imposed a mandatory felony surcharge upon the defendant in accordance with Penal Law § 60.35 (see, People v Williams, 131 A.D.2d 525, lv denied 70 N.Y.2d 718). "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" (People v Williams, supra, at 525; People v West, 124 Misc.2d 622 ). Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

People v. Murray

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1988
137 A.D.2d 768 (N.Y. App. Div. 1988)
Case details for

People v. Murray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO MURRAY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 22, 1988

Citations

137 A.D.2d 768 (N.Y. App. Div. 1988)

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