People v. BrownPeople v. Brown
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered March 5, 1986, convicting her of robbery in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant initially contends that the People failed to prove her guilt beyond a reasonable doubt. We find this
We see no reversible error in the failure of the Trial Judge to state on the record and prior to summation the counts upon which he would render a verdict. Although he failed to comply with CPL 320.20 (5), the error was harmless. The purpose of this statutory requirement is to provide counsel with the opportunity to address in summation any lesser included offenses the court is inclined to consider (see, People v Montgomery,
Finally, the court did not abuse its discretion in imposing a mandatory surcharge upon the defendant in accordance with Penal Law § 60.35, as there had been no showing that the payment of the surcharge would work an unreasonable hardship on the defendant or her immediate family (see, CPL 420.35). If at the conclusion of her imprisonment, the defendant finds herself unable to pay the surcharge, she may move at that time for a waiver thereof (see, CPL 420.35, 420.10 [5]; People v Williams,