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People v. Andretta

140 A.D.3d 476 Court N.Y. App. Div. Decision date 2016-06-09 English

Judges Concur — Mazzarelli, J.P., Acosta, Saxe, Kapnick and Kahn, JJ.

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Majority

p. 476
The People of the State of New York, Respondent, v Christopher Andretta, Appellant.
[31 NYS3d 880]

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered August 12, 2014, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

p. 477
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 — Mazzarelli, J.P., Acosta, Saxe, Kapnick and Kahn, JJ.

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