Appellate Division of the Supreme Court of New York, 2016

People v. Rosario

People v. Rosario
Appellate Division of the Supreme Court of New York · Decided April 21, 2016 · Sweeny, Renwick, Saxe, Gische, Kahn
138 A.D.3d 566; 28 N.Y.S.3d 597
People v. Rosario

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.