People v Williams
2014 NY Slip Op 00167 [113 AD3d 423]
January 9, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Omar A. Williams, Appellant.

[*1] 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 1½ 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 AD2d 103 [1st Dept 1998], lv denied 92 NY2d 923 [1998]). Consequently, defendant's arguments to this Court are premature. Concur—Gonzalez, P.J., Tom, Renwick, Manzanet-Daniels and Feinman, JJ.