Ordered that the judgment is affirmed.
The defendant's contentions challenging the trial court's charge to the jury have not been preserved for appellate review (see, CPL 470.05; People v Harrell, 59 N.Y.2d 620, 622) and we decline to review them in the interest of justice.
Further, we find that the trial court properly imposed a mandatory felony surcharge upon the defendant in accordance with Penal Law § 60.35 (see, People v Williams, 131 A.D.2d 525, lv denied 70 N.Y.2d 718). "If, at the conclusion of his imprisonment, the defendant finds himself unable to pay the surcharge, he may move at that time for a waiver thereof" (People v Williams, supra, at 525; People v West, 124 Misc.2d 622 ). Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.