Opinion
1046, 4283/12.
05-03-2016
Steven Banks, 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.
Steven Banks, 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 (Cassandra M. Mullen, J.), rendered May 21, 2013, as amended July 10, 2013, convicting defendant, upon his plea of guilty, of attempted sexual abuse in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to concurrent terms of two years and two to four 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] ).
MAZZARELLI, J.P., FRIEDMAN, ANDRIAS, MOSKOWITZ, KAHN, JJ., concur.