People v. Rodriguez

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered February 7, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

Since defendant was sentenced to a term of incarceration of longer than 60 days (see Penal Law § 60.35 [8]), he was required to seek relief from his mandatory surcharge payments by way of a CPL 420.10 (5) motion for resentencing. Defendant’s claims that he was entitled to a financial hardship hearing pursuant to CPL…