Opinion
2014-04-10
The PEOPLE of the State of New York, Respondent, v. Raymond RODRIGUEZ, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered February 7, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree and sentencing him, as a second felony offender, to a term of 1 1/2 to 3 years, unanimously affirmed.
Since defendant was sentenced to a term of incarceration of longer than 60 days ( see Penal Law § 60.35[8] ), he was required to seek relief from his mandatory surcharge payments by way of a Criminal Procedure Law 420.10(5) motion for resentencing. Defendant's claims that he was entitled to a financial hardship hearing pursuant to Criminal Procedure Law 420.40, and that the hearing should have been held at the time of his sentencing, are not supported by the applicable statutes. Rather, any application for relief from his surcharges is to be entertained in postsentence proceedings( see People v. Bradley, 249 A.D.2d 103, 670 N.Y.S.2d 111 [1st Dept.1998], lv. denied92 N.Y.2d 923, 680 N.Y.S.2d 464, 703 N.E.2d 276 [1998];People v. Wheeler, 244 A.D.2d 277, 664 N.Y.S.2d 778 [1st Dept.1997] ). GONZALEZ, P.J., ACOSTA, SAXE, RICHTER, MANZANET–DANIELS, JJ.