Opinion
August 14, 1989
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the sentence is affirmed.
The defendant's term of imprisonment was imposed in accordance with the plea bargain agreement and we find no basis for modifying it on appeal (see, People v. Erazo, 134 A.D.2d 610; People v. Kazepis, 101 A.D.2d 816).
In addition, the Supreme Court did not improvidently exercise its discretion in refusing to waive the mandatory felony surcharge at the time of sentencing (Penal Law § 60.35; CPL 420.10, 420.35 Crim. Proc.; see, People v. Fulton, 138 A.D.2d 514; People v Williams, 131 A.D.2d 525; People v. West, 124 Misc.2d 622). The defendant's claim that the imposition of the mandatory felony surcharge violated his constitutional rights is unpreserved for appellate review as a matter of law (CPL 470.05; People v Ruz, 70 N.Y.2d 942), and we decline to address the issue in the exercise of our interest of justice jurisdiction. Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur.