The People of the State of New York, Respondent, v. Raymond Rodriguez, Defendant–Appellant. (2014)

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Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered February 7, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree and sentencing him, as a second felony offender, to a term of 11/212 to 3 years, unanimously affirmed.

Since defendant was sentenced to a term of incarceration of longer than 60 days (see Penal Law § 60.35[8] ), he was required to seek relief from his mandatory surcharge payments by way of a Criminal Procedure Law 420.10(5) motion for resentencing.   Defendant's claims that he was entitled to a financial hardship hearing pursuant to Criminal Procedure Law 420.40, and that the hearing should have been held at the time of his sentencing, are not supported by the applicable statutes.   Rather, any application for relief from his surcharges is to be entertained in postsentence proceedings (see People v. Bradley, 249 A.D.2d 103 [1st Dept 1998], lv denied 92 N.Y.2d 923 [1998];  People v. Wheeler,

244 A.D.2d 277 [1st Dept 1997] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK