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People v. Wiggins

138 A.D.3d 634 Court N.Y. App. Div. Decision date 2016-04-28 English

Judges Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Kapnick and Gesmer, JJ.

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p. 634
The People of the State of New York, Respondent, v Shamel Wiggins, Appellant.
[28 NYS3d 870]

Judgment, Supreme Court, New York County, (Edward J. McLaughlin, J., at plea; Richard D. Carruthers, J./ at sentencing), rendered May 15, 2013, convicting defendant of burglary in the second degree, and sentencing him to a term of 3V2 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 — Acosta, J.P., Renwick, Manzanet-Daniels, Kapnick and Gesmer, JJ.

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