Justice Dominic Massaro
Inmate Law, currently incarcerated on Rikers Island, moved pro see for an order deferring fees and a mandatory surcharge imposed on him at his sentencing. Law pleaded guilty to attempted criminal possession of a weapon and was assessed a $300 surcharge, along with a $25 crime victims assistance fee and $50 DNA databank fee. He claimed he was unable to pay the surcharge as he was indigent, and had no income other than his prison wages. Prosecutors argued there was no basis for deferral of payment of the surcharge as Law was incarcerated in a facility that provided for his basic needs. They also claimed the courts lacked authority to defer the surcharge of a defendant incarcerated for over 60 days. The court noted while some courts agreed with this contention, this court, and others, have decided to the contrary. Also, it ruled Law failed to provide any credible and verifiable information establishing the surcharge would work an unreasonable hardship on him, over and above the ordinary hardship suffered by other indigent inmates. The court stated Law failed to show he was responsible for supporting an immediate family member adversely affected by the deductions from his prison earnings. Hence, the motion was denied.
