| People v Jones |
| 2014 NY Slip Op 01558 [115 AD3d 490] |
| March 11, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Anthony Jones, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), forrespondent.
Judgments, Supreme Court, New York County (Charles H. Solomon, J.), renderedMarch 13, 2012, convicting defendant, upon his pleas of guilty, of criminal possession ofa controlled substance in the third degree and criminal sale of a controlled substance inthe third degree and sentencing him to concurrent terms of six months, unanimouslyaffirmed.
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 hismandatory surcharge payments by way of a CPL 420.10 (5) motion for resentencing.Defendant's claims that he was entitled to a financial hardship hearing pursuant to CPL420.40, and that the hearing should have been held at the time of his sentencing, are notsupported by the applicable statutes. Rather, any application for relief from hissurcharges is to be entertained in postsentence proceedings (see People vBradley, 249 AD2d 103 [1st Dept 1998], lv denied 92 NY2d 923 [1998];People v Wheeler, 244 AD2d 277 [1st Dept 1997]). Concur—Mazzarelli,J.P., Sweeny, DeGrasse, Manzanet-Daniels and Gische, JJ.