Majority
p. 680The People of the State of New York, Respondent, v Ramon Morales, Appellant. [677 NYS2d 465]
Judgment, Supreme Court, New York County (Renee White, J.), rendered November 1, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, and imposing a mandatory surcharge, unanimously affirmed.
Procedurally, defendant’s challenge to the imposition of the surcharge should have been raised in the sentencing court by way of a motion for resentencing (People v Rada, 160 AD2d 552 ). In any event, as we have previously noted on numerous occasions, defendant’s present claim is premature (see, e.g., People v Ramirez, 208 AD2d 381 , lv denied 84 NY2d 1037 ). Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.
Cases cited
- People v. Rada 160 AD2d 552 p. 680