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The People of the State of New York, Respondent, v. Alberto Hernandez, Appellant

New York Supreme Court, Appellate Division2016-04-21
138 A.D.3d 58128 N.Y.S.3d 610

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Opinion

majority opinion

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered January 17, 2013, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of seven 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 — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Gesmer, JJ.