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People v. Wheeler

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1997
244 A.D.2d 277 (N.Y. App. Div. 1997)

Opinion

November 25, 1997

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


Defendant's challenge to the imposition of the surcharge should be raised in the sentencing court by way of a motion for resentencing ( People v. Rada, 160 A.D.2d 552). Such determination should be made at the end of a defendant's sentence. Consequently, defendant's claim is premature ( People v Velasquez, 198 A.D.2d 25, lv denied 82 N.Y.2d 932).

Concur — Murphy, P.J., Sullivan, Wallach, Tom and Andrias, JJ.


Summaries of

People v. Wheeler

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 1997
244 A.D.2d 277 (N.Y. App. Div. 1997)
Case details for

People v. Wheeler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL WHEELER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 25, 1997

Citations

244 A.D.2d 277 (N.Y. App. Div. 1997)
664 N.Y.S.2d 778

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