Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent herewith.
The defendant's contention that the mandatory surcharge imposed at sentencing should be waived is unpreserved for appellate review (see People v Ruz,
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