PEOPLE v. CONIGLIARO

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.