People v. Arthur

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 27, 1995, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, who pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of l1/2 to 3 years to run consecutive to the sentence he was serving, claims that County Court erred in denying his motion to waive the $150 mandatory surcharge imposed pursuant to Penal Law § 60.35 (1) (a).

Initially,…