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People v. Reed

Supreme Court of New York, First Department

March 20, 2014

The People of the State of New York, Respondent,
v.
Carolyn Reed, Defendant-Appellant.

Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.

Acosta, J.P., Renwick, Moskowitz, Freedman, Feinman, JJ.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered January 10, 2012, as amended January 17, 2012, convicting defendant, upon her plea of guilty, of grand larceny in the third degree, and sentencing her, as a second felony offender, to a term of two to four years, unanimously affirmed.

Since defendant was sentenced to a term of incarceration of longer than 60 days (see Penal Law § 60.35[8]), she is required to seek relief from her mandatory surcharge payments by way of a CPL 420.10(5) motion for resentencing. Defendant's claims that she was entitled to a financial hardship hearing pursuant to CPL 420.40, and that the hearing should have been held at the time of his sentencing, are not supported by the applicable statutes. Rather, any application for relief from defendant's surcharges is to be entertained in postsentence proceedings (see People v Bradley, 249 A.D.2d 103 [1st Dept 1998], lv denied 92 N.Y.2d 923 [1998]; People v Wheeler, 244 A.D.2d 277 [1st Dept 1997]).


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