Prisoners Motion to Defer Payment in New York
In People v. Parker, 183 Misc2d 737, 704 N.Y.S.2d 790 (Sup. Ct., Kings Co. 2000), the defendant, in support of his motion to defer payment, asserted that "he had been homeless since 1992 and that he was presently having 40% of his biweekly earnings of $ 6.40 deducted to cover, in equal measure, his mandatory surcharge and the "gate fees" (monies to be paid to him upon release) leaving him with only $ 3.70 to purchase incidentals."
The Court held that since the defendant's basic needs, i.e. food, lodging, hygienic supplies and clothing, were provided by the penal institution, the defendant had not asserted facts sufficient to warrant the relief sought.
The Court explained that the defendant had not distinguished his situation from that of any other inmate who was unemployed prior to his incarceration and who had no family or friends to give him extra money while incarcerated.
Moreover, the Court noted that the defendant had not demonstrated that he was responsible for supporting an immediate family member who had been adversely affected by the deductions from his prison earnings.