Defendant contends on this appeal that his sentence of 1 1/2 to 3 years' imprisonment was harsh and excessive. Defendant was allowed to plead guilty to a reduced charge of attempted promoting prison contraband in the first degree, a class E felony, in satisfaction of an indictment that had originally charged him with the crime of promoting prison contraband in the first degree, a class D felony. Furthermore, the sentence imposed was the most lenient authorized by statute for a second felony offender. Given these facts, and defendant's criminal record, we find no basis to disturb the sentence imposed by County Court (see, People v. Martinez, 184 A.D.2d 869). We also find no basis to disturb County Court's denial of defendant's motion to waive the mandatory surcharge imposed pursuant to Penal Law § 60.35 (1) (a) as premature (see, People v. Cobb, 139 A.D.2d 661, lv denied 72 N.Y.2d 916).
Weiss, P.J., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.