People v. Rosario

138 A.D.3d 566, 28 N.Y.S.3d 597
Appellate Division of the Supreme Court of the State of New York·Decided April 21, 2016·No. 876 2380/12·Published·Cited by 1 cases

Opinion

Judgment, Supreme *567 Court, New York County (Lewis Bart Stone, J., at plea; Charles H. Solomon, J., at sentencing), rendered September 13, 2012, convicting defendant of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 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]).

Concur — Sweeny, J.P., Renwick, Saxe, Gische and Kahn, JJ.

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People v. Rosario, 138 A.D.3d 566, 28 N.Y.S.3d 597 (N.Y. Ct. App. 2016).

138 A.D.3d 566 (People v. Rosario) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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