Appellate Division of the Supreme Court of New York, 1997

People v. Wheeler

People v. Wheeler
Appellate Division of the Supreme Court of New York · Decided November 25, 1997
244 A.D.2d 277; 664 N.Y.S.2d 778; 1997 N.Y. App. Div. LEXIS 11906
People v. Wheeler

Opinion of the Court

—Judgment, Supreme Court, New York *278County (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.

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