Opinion
November 21, 1994
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court properly determined that there was an independent source for the complainant's in-court identification of the defendant (see, People v. Berry, 201 A.D.2d 489; People v. Benbow, 180 A.D.2d 805; People v. Hyatt, 162 A.D.2d 713; People v. Rodriguez, 137 A.D.2d 847).
The sentence imposed is not excessive (see, People v. Suitte, 90 A.D.2d 80). The defendant's challenge to the imposition of the mandatory surcharge is premature (see, People v. Burke, 204 A.D.2d 345; People v. Fields, 193 A.D.2d 814; People v. Angelista, 176 A.D.2d 238). Sullivan, J.P., Rosenblatt, Pizzuto and Altman, JJ., concur.