People v. Davis

244 A.D.2d 219, 664 N.Y.S.2d 921, 1997 N.Y. App. Div. LEXIS 11631

Opinion

—Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered September 11, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, a $150 mandatory surcharge and a $5 crime victim assistance fee, unanimously affirmed.

Defendant’s challenge to the mandatory surcharge is premature (see, People v Ramirez, 208 AD2d 381, lv denied 84 NY2d 1037; People v Velasquez, 198 AD2d 25, lv denied 82 NY2d 932). Concur—Ellerin, J. P., Williams, Tom and Mazzarelli, JJ.