Opinion
May 6, 1985
Appeal from the County Court, Nassau County (Harrington, J.).
Sentence affirmed.
Contrary to defendant's assertions, we do not find the sentence imposed to be unduly harsh or excessive. In addition, we conclude that defendant's application for vacatur of the imposed mandatory surcharge of $75 on the ground of indigency (CPL 420.35) is premature ( see, People v. West, 124 Misc.2d 622). Mollen, P.J., Titone, Brown and Eiber, JJ., concur.