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The People of the State of New York, Respondent, v. Oswald Otero, True Name Oswaldo Otero, Appellant

New York Supreme Court, Appellate Division1997-12-16
245 A.D.2d 116665 N.Y.S.2d 888

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Opinion

majority opinion

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered January 9, 1996, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 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 after the completion of defendant’s sentence (People v Rada, 160 AD2d 552). Consequently, defendant’s claim is premature (People v Velasquez, 198 AD2d 25, lv denied 82 NY2d 932). Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.