People v. Benson

—Appeal by the defendant, as limited by his brief, from so much of a sentence of the Supreme Court, Queens County (Giaccio, J.), imposed February 14, 1995, as, upon his conviction of burglary in the third degree, upon his plea of guilty, imposed a mandatory surcharge.

Ordered that the sentence is affirmed insofar as appealed from.

The defendant challenged the court’s refusal to waive the mandatory surcharge imposed as a condition of his sentence. It is well settled that such challenges are premature at the time of sentencing, since the defendant may earn funds while incarcerated from which to…