Order unanimously affirmed. Memorandum: County Court did not err in denying defendant's application for resentencing pursuant to CPL 420.10 to dispense with the mandatory surcharge previously imposed by the court (see, Penal Law § 60.35). Defendant failed to demonstrate that the surcharge would work an unreasonable hardship upon him or upon his immediate family (see, People v. Price, 145 A.D.2d 445, lv denied 73 N.Y.2d 895; People v. Fulton, 138 A.D.2d 514). Moreover, where, as here, defendant has been sentenced to a term of imprisonment, an application for vacatur of the mandatory surcharge is premature when it is brought prior to the time of defendant's release from incarceration (see, People v. Conigliaro, 144 A.D.2d 685, 686; People v. Fulton, supra; People v. Lewis, 134 A.D.2d 286; People v Williams, 131 A.D.2d 525, lv denied 70 N.Y.2d 718; People v Peralta, 127 A.D.2d 803, 804, lv denied 69 N.Y.2d 953). If, at the conclusion of his imprisonment, defendant finds himself unable to pay the surcharge, he may move at that time for a waiver thereof (see, CPL 420.35, 420.10 Crim. Proc. [5]; People v. Williams, supra).