People v. Wheeler
Opinion of the Court
—Judgment, Supreme Court, New York
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.