Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CONIGLIARO, Appellant. Ordered that the sentence is affirmed. The sentence imposed was appropriate. The defendant's request for vacatur of the mandatory surcharge due to indigency is premature since the defendant is incarcerated (see, Penal Law § 60.35; People v. West, 124 Misc.2d 622; People v. Peralta, 127 A.D.2d 803; People v. Perrine, 111 A.D.2d 193). Mollen, P.J., Mangano, Eiber and Sullivan, JJ., concur.