Opinion
June 20, 1994
Appeal from the Supreme Court, Queens County (Appelman, J.).
Ordered that the sentence is affirmed.
The defendant's challenge to the imposition of a mandatory surcharge at sentencing is premature (see, People v. West, 124 Misc.2d 622; People v. Williams, 121 A.D.2d 584; People v. Burke, 204 A.D.2d 345). Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea agreement. Accordingly, the judgment of conviction is affirmed (see, People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). Mangano, P.J., Rosenblatt, Miller, Copertino and Krausman, JJ., concur.