People v. Carlton

Appeal by the defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered October 14, 1986, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Neither , the defendant nor his attorney made any objection when the sentencing court imposed the mandatory surcharge of $100 (see, Penal Law § 60.35 [1] [a]). Further, the record contains no indication that the defendant either applied for resentencing pursuant to CPL 420.10 (5) or otherwise sought a waiver of the surcharge on the basis that…