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The People of the State of New York, Respondent, v. Luis Rosario, Appellant

New York Supreme Court, Appellate Division2016-04-21
138 A.D.3d 56628 N.Y.S.3d 597

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Opinion

majority opinion

Judgment, Supreme 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.