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138 A.D.3d 580

People v. Davis

Appellate Division of the Supreme Court of the State of New York · decided 2016-04-21

Decided 2016-04-21

¶1 Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered June 20, 2013, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

¶2 The sentencing court properly found that it had no discretion to waive or defer defendant’s mandatory surcharge (see People v Jones, 26 NY3d 730 [2016]).

Concur — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Gesmer, JJ.
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