Majority
p. 653The People of the State of New York, Respondent, v Jose Rodriguez, Appellant.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Starkey, J.), imposed November 16, 1988, upon his conviction of criminal sale of a controlled substance in the third degree, upon his plea of guilty, the sentence being an
p. 654
indeterminate term of 5 to 10 years imprisonment and a mandatory surcharge of $100.
Ordered that the sentence is affirmed.
The defendant’s claim that the bargained-for sentence is unduly harsh and excessive is wholly without merit (see, People v Suitte, 90 AD2d 80 ). Moreover, his challenge to the imposition of the surcharge is premature (see, People v West, 124 Misc 2d 622 ; see also, People v Williams, 131 AD2d 525 ). Mangano, P. J., Bracken, Sullivan, Balletta and O’Brien, JJ., concur.
Cases cited
- People v. Suitte 90 AD2d 80 p. 654
- People v. West 124 Misc 2d 622 p. 654
- People v. Williams 131 AD2d 525 p. 654