Appellate Division of the Supreme Court of the State of New York July 18, 1985 (People v. Taylor)

Mikoll, J.

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered May 21, 1984, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant challenges the imposition of a mandatory surcharge against him pursuant to CPL 420.35 on the ground that his indigency makes it impossible to pay the fine.