
    The People of the State of New York, Respondent, v Orlando Perez, Appellant.
   The defendant’s application for a waiver of the mandatory surcharges imposed by the court is premature since he is presently incarcerated (see, CPL 420.35, 420.10 [5]; People v Angelista, 176 AD2d 238; People v Arfman, 167 AD2d 344; People v West, 124 Misc 2d 622).

We find that the sentences imposed by the court were not excessive (see, People v Suitte, 90 AD2d 80). Mangano, P. J., Kunzeman, Lawrence, Miller and O’Brien, JJ., concur.  