People v. Womack

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JODIE WOMACK, Appellant

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

Date published: Dec 16, 1997

245 A.D.2d 148 (N.Y. App. Div. 1997)

665 N.Y.S.2d 881

Opinion

December 16, 1997

Appeal from the Supreme Court, New York County (Herbert Adlerberg, J.).

Defendant's claim concerning the mandatory surcharge should be raised in the sentencing court pursuant to a motion for re-sentencing ( People v. Rada, 160 A.D.2d 552). Nonetheless, defendant failed to establish that the surcharge worked an unreasonable hardship on him or his family ( supra). Furthermore, defendant's claim is premature since he may move therefor upon his release from prison ( People v. Velasquez, 198 A.D.2d 25, lv denied 82 N.Y.2d 932).

Concur — Wallach, J. P., Rubin, Williams, Tom and Andrias, JJ.