People v. Wheeler

244 A.D.2d 277, 664 N.Y.S.2d 778, 1997 N.Y. App. Div. LEXIS 11906

Opinion

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 19, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 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 (People v Rada, 160 AD2d 552). Such determination should be made at the end of a defendant’s sentence. Consequently, defendant’s claim is premature (People v Velasquez, 198 AD2d 25, lv denied 82 NY2d 932). Concur— Murphy, P. J., Sullivan, Wallach, Tom and Andrias, JJ.