
    The People of the State of New York, Respondent, v Justice Waring, Appellant.
    [3 NYS3d 606]
   Judgments, Supreme Court, Bronx County (Troy K. Webber, J.), rendered on September 26, 2012, convicting defendant, upon his pleas of guilty, of robbery in the third degree and criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of five years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

Defendant’s challenge to imposition of the mandatory surcharge is premature; it should be raised in the sentencing court by a motion for resentencing at the end of defendant’s incarceration, and not on direct appeal (People v Bradley, 249 AD2d 103 [1st Dept 1998], lv denied 92 NY2d 923 [1998]).

Concur — Gonzalez, P.J., Acosta, Moskowitz, Richter and Feinman, JJ.  