People v. Mack

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered January 31, 1996, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the matter should be remitted to the County Court for resentencing is not preserved for appellate review (see, People v Pellegrino, 60 NY2d 636), and in any event, is without merit. The court’s imposition of the mandatory surcharge was not an enhancement of the sentence which was agreed upon in…