PEOPLE v. DIAZ-MEJIA

The defendant's application for waiver of the mandatory surcharge due to indigency is premature. (People v. Velez, 150 A.D.2d 514, lv denied 74 N.Y.2d 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 N.Y.2d 702, 703.)

Concur — Kupferman, J.P., Ellerin, Wallach and Smith, JJ.