Opinion
April 1, 1996
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the sentence is modified, on the law, by deleting the provision thereof which imposed a mandatory surcharge; as so modified, the sentence is affirmed.
Having knowingly, voluntarily, and intelligently waived his right to appellate review in connection with his plea agreement, the defendant is now foreclosed from challenging the adequacy of the procedures the court used to determine the amount of restitution ( see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; People v. Brakas, 204 A.D.2d 474).
However, as the People concede, the County Court erred in directing the defendant to both make restitution and pay a mandatory surcharge ( see, People v. Bailey, 209 A.D.2d 709; People v. Willis, 168 A.D.2d 470; People v. Turco, 130 A.D.2d 785). Mangano, P.J., Balletta, Sullivan, Santucci and Krausman, JJ., concur.