People v. Jackson (242 A.D.2d 476, 1997)

Judgment, Supreme Court, New York County (James Leff, J.), rendered April 13, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, and imposing a mandatory surcharge of $150, unanimously affirmed.

Defendant’s claim that the mandatory surcharge should be waived on the ground of unreasonable hardship is not properly before this Court since it is premature (People v Ramirez, 208 AD2d 381, lv denied 84 NY2d 1037). Concur—Sullivan, J. P., Ellerin, Nardelli, Williams and Andrias, JJ.