Opinion
04-21-2016
Scott A. Rosenberg, 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.
Scott A. Rosenberg, 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.
Opinion
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 9, 2011, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of two to four years, unanimously affirmed.
The sentencing court properly found that it had no discretion to waive or defer defendant's mandatory surcharge (see People
v. Jones 26 N.Y.3d 730, 27 N.Y.S.3d 431, 47 N.E.3d 710 [2016] ).
SWEENY, J.P., RENWICK, SAXE, GISCHE, KAHN, JJ., concur.