People v. Hernandez
244 A.D.2d 285, 665 N.Y.S.2d 850, 1997 N.Y. App. Div. LEXIS 11895
Procedural entryThis page is a short order in People v. Hernandez. Read the opinion of the Court — 222 A.D.2d 696 →
Appellate Division of the Supreme Court of the State of New York·Decided November 25, 1997·Published
Opinion
—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered March 18, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years and imposing a mandatory surcharge of $150, unanimously affirmed.
We perceive no abuse of sentencing discretion.
Defendant’s challenge to mandatory surcharge is premature (People v Ramirez, 208 AD2d 381, lv denied 84 NY2d 1037). Concur—Milonas, J. P., Rosenberger, Nardelli, Rubin and Tom, JJ.
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People v. Hernandez, 244 A.D.2d 285, 665 N.Y.S.2d 850, 1997 N.Y. App. Div. LEXIS 11895 (N.Y. Ct. App. 1997).
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Related
People v. Ramirez
208 A.D.2d 381 (Appellate Division of the Supreme Court of New York, 1994)