People v. Hernandez

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered March 18, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years and imposing a mandatory surcharge of $150, unanimously affirmed.

We perceive no abuse of sentencing discretion.

Defendant’s challenge to mandatory surcharge is premature (People v Ramirez, 208 AD2d 381, lv denied 84 NY2d 1037). Concur—Milonas, J. P., Rosenberger, Nardelli, Rubin and Tom, JJ.