People v. Morales

253 A.D.2d 680, 677 N.Y.S.2d 465, 1998 N.Y. App. Div. LEXIS 9597

Opinion

Judgment, Supreme Court, New York County (Renee White, J.), rendered November 1, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, and imposing a mandatory surcharge, unanimously affirmed.

Procedurally, defendant’s challenge to the imposition of the surcharge should have been raised in the sentencing court by way of a motion for resentencing (People v Rada, 160 AD2d 552). In any event, as we have previously noted on numerous occasions, defendant’s present claim is premature (see, e.g., People v Ramirez, 208 AD2d 381, lv denied 84 NY2d 1037). Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.