Opinion
April 16, 1998
Appeal from the Supreme Court, New York County (Bonnie Wittner, J.).
Defendant's claim is without merit since the record fails to indicate that defendant's guilty plea was made in reliance on a promise that the surcharge would not be imposed or that defendant was motivated to enter the plea for any reason other than his desire to avail himself of an extremely advantageous plea bargain ( see, People v. Amaya, 219 A.D.2d 523, lv denied 87 N.Y.2d 844). We see no reason to vacate the imposition of the felony surcharge. Any challenge to a surcharge should be raised in the sentencing court by a motion for resentencing at the end of defendant's incarceration, and not on direct appeal ( People v. Velasquez, 198 A.D.2d 25, lv denied 82 N.Y.2d 932). In any event, defendant failed to present any evidence that paying the surcharge would work a hardship upon him or his family ( see, People v. Wilkins, 214 A.D.2d 449, lv denied 86 N.Y.2d 875).
Concur — Rosenberger, J.P., Rubin, Williams, Tom and Saxe, JJ.