ADI order dated March 11, 2014, affirming judgment of conviction. Decision below: 115 AD3d 490, 982 NYS2d 309. Pigott, J., granted leave July 21, 2014. Argued January 4, 2016. (Taken off SSM.)

ISSUE PRESENTED: Whether the sentencing judge has discretion to grant defendant relief from the mandatory surcharge at the time of sentencing, or whether defendant was required to seek such relief by motion pursuant to CPL 420.10(5). (Assigned counsel: Seymour James, Jr., Legal Aid Society, Criminal Appeals Bureau, 199 Water St. NYC 10038.)