Opinion
December 21, 1995
Appeal from the County Court of Franklin County (Main, Jr., J.).
Defendant pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years to run consecutive to the sentence he was serving. In addition, County Court imposed a mandatory surcharge of $150 and crime victims' assistance fee of $5. Defendant contends, inter alia, that County Court should have waived the mandatory surcharge. Initially, inasmuch as defendant has not completed his term of imprisonment, we find his request for waiver of the mandatory surcharge to be premature ( see, People v Ramirez, 208 A.D.2d 381, lv denied 84 N.Y.2d 1037; People v Mejia, 191 A.D.2d 844, lv denied 81 N.Y.2d 1017). Nevertheless, were we to consider the merits, we would find that County Court did not abuse its discretion in refusing to waive the surcharge ( see, People v McGarry, 219 A.D.2d 744; People v Prince, 196 A.D.2d 917, lv denied 82 N.Y.2d 901). We have considered defendant's remaining arguments and find them to be without merit.
White, J.P., Casey, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.