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People v. Hernandez

138 A.D.3d 581 Court N.Y. App. Div. Decision date 2016-04-21 English

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

Contents

Majority

p. 581
The People of the State of New York, Respondent, v Alberto Hernandez, Appellant.
[28 NYS3d 610]

Judgment,

p. 582
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.

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