People v. Otero

245 A.D.2d 116, 665 N.Y.S.2d 888, 1997 N.Y. App. Div. LEXIS 13000

Opinion

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered January 9, 1996, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, and imposing a mandatory surcharge, unanimously affirmed.

Defendant’s challenge to the imposition of the surcharge should be raised in the sentencing court by way of a motion for resentencing after the completion of defendant’s sentence (People v Rada, 160 AD2d 552). Consequently, defendant’s claim is premature (People v Velasquez, 198 AD2d 25, lv denied 82 NY2d 932). Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.