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People v. Wiggins

Supreme Court, Appellate Division, First Department, New York.
Apr 28, 2016
138 A.D.3d 634 (N.Y. App. Div. 2016)

Opinion

04-28-2016

The PEOPLE of the State of New York, Respondent, v. Shamel WIGGINS, Defendant–Appellant.

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


Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner 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, (Edward J. McLaughlin, J. at plea; Richard D. Carruthers, J. at sentencing), rendered May 15, 2013, convicting defendant of burglary in the second degree, and sentencing him to a term of 3 ½ years, unanimously affirmed.

The sentencing court properly found that it had no discretion to 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] ).

ACOSTA, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, GESMER, JJ., concur.


Summaries of

People v. Wiggins

Supreme Court, Appellate Division, First Department, New York.
Apr 28, 2016
138 A.D.3d 634 (N.Y. App. Div. 2016)
Case details for

People v. Wiggins

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Shamel WIGGINS…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Apr 28, 2016

Citations

138 A.D.3d 634 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 3258
28 N.Y.S.3d 870

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