—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth Squires of counsel), for respondent.

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered January 30, 2006, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

For the reasons stated in our decision in People v Lemos (34 AD3d 343 [2006]), we find unpreserved, and in any event unavailing, defendant's argument that the court unlawfully imposed a mandatory surcharge and fees when it did so only in writing.

We perceive no basis for reducing the sentence. Concur—Friedman, J.P., Marlow, Sullivan, Sweeny and Catterson, JJ.