Legal Opinion
People v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 1997PublishedCited by 9 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York *278County (Budd Goodman, J.), rendered October 19, 1995, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, and imposing a mandatory surcharge, unanimously affirmed.
Defendant’s challenge to the imposition of the surcharge should be raised in the sentencing court by way of a motion for resentencing (People v Rada, 160 AD2d 552). Such determination should be made at the end of a defendant’s sentence. Consequently, defendant’s claim is premature…
2Cases cited2 opinions
- People v. RadaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. VelasquezAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by9 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2014
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