Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. PRIHETT

Appellate Division of the Supreme Court of New York, First Department.
Jan 16, 2001
Important Paras
Please sign up to view Important Paras.

Dorothy Cropper, J.

Defendant's claim that the court's imposition of the mandatory surcharge (Penal Law ยง 60.35) without mentioning such surcharge during the plea colloquy constituted a violation of his plea bargain is unpreserved as a result of defendant's failure to move to withdraw his plea on this ground or to object to the surcharge, and we decline to review this claim in the interest of justice. Were we to review this claim, we would find no indication in the record that defendant's guilty plea was made in reliance on a promise that the surcharge would not be imposed. We also note that the surcharge, unlike a fine, is mandatory (CPL 420.35). We have considered and rejected defendant's remaining claims.