People v. Andretta

Full title: The People of the State of New York, Respondent, v. Christopher Andretta…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jun 9, 2016

2016 N.Y. Slip Op. 4453 (N.Y. App. Div. 2016)

Opinion

1422 4730/13

06-09-2016

The People of the State of New York, Respondent, v. Christopher Andretta, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Mazzarelli, J.P., Acosta, Saxe, Kapnick, Kahn, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered August 12, 2014, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

The sentencing court properly found that it had no discretion to defer defendant's mandatory surcharge (see People v Jones 26 NY3d 730 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 9, 2016

CLERK