Majority
p. 250(May 20, 1997) The People of the State of New York, Respondent, v Juan L. Soto, Appellant. [658 NYS2d 841]
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.