PEOPLE v. WHEELER (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Nathaniel WHEELER, a/k/a Ralph Williams, Defendant-Appellant.

Decided: November 25, 1997

Before MURPHY, P.J., and SULLIVAN, WALLACH, TOM and ANDRIAS, JJ.

Richard Nahas, for Respondent. Elizabeth J. Miller, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 19, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 2 1/2 to 5 years, and imposing a mandatory surcharge, unanimously affirmed.

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, 554 N.Y.S.2d 203). 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, 603 N.Y.S.2d 126, lv. denied 82 N.Y.2d 932, 610 N.Y.S.2d 184, 632 N.E.2d 494).

MEMORANDUM DECISION.

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