People v. Miranda (160 A.D.2d 373, 1990)

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered February 24, 1988, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the fifth degree and sentencing her to an indeterminate prison term of from 2 to 4 years, unanimously affirmed.

The defendant’s application for waiver of the mandatory surcharge due to indigency is premature. (People v Velez, 150 AD2d 514, Iv denied 74 NY2d 748.) In any event, we find defendant’s arguments concerning the constitutionality of the imposition of the surcharge to be meritless. (See, People v Barnes, 62 NY2d 702.) Concur—Kupferman, J. P., Sullivan, Rosenberger, Asch and Smith, JJ.

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