Majority
p. 277The People of the State of New York, Respondent, v Nathaniel Wheeler, Also Known as Ralph Williams, Appellant. [664 NYS2d 778]
—Judgment, Supreme Court, New York
p. 278
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.
Cases cited
- People v. Rada 160 AD2d 552 p. 278