People v. Soto

239 A.D.2d 250, 658 N.Y.S.2d 841, 1997 N.Y. App. Div. LEXIS 5293

Opinion

Judgment, Supreme Court, .New York County (Herbert Adlerberg, J.), rendered October 7, 1994, convicting defendant, upon his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 41/2 to 9 years, and imposing a mandatory surcharge of $150, unanimously affirmed.

Defendant’s claim that the mandatory surcharge should be waived on the ground of unreasonable hardship is premature (People v Ramirez, 208 AD2d 381, lv denied 84 NY2d 1037). Concur—Murphy, P. J., Wallach, Tom and Mazzarelli, JJ.