Opinion
2014-01-9
The PEOPLE of the State of New York, Respondent, v. Omar A. WILLIAMS, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered December 13, 2011, convicting defendant, upon his plea of guilty, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 1 1/2 years, unanimously affirmed.
Defendant's challenge to the imposition of the mandatory surcharge should be raised in the sentencing court by way of a motion for resentencing at the end of a defendant's incarceration (People v. Bradley, 249 A.D.2d 103, 670 N.Y.S.2d 111 [1st Dept.1998], lv. denied92 N.Y.2d 923, 680 N.Y.S.2d 464, 703 N.E.2d 276 [1998] ). Consequently, defendant's arguments to this Court are premature. GONZALEZ, P.J., TOM, RENWICK, MANZANET–DANIELS, FEINMAN, JJ., concur.