| People v Rosario |
| 2016 NY Slip Op 03069 [138 AD3d 566] |
| April 21, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Luis Rosario, Appellant. |
Scott A. Rosenberg, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Judgment, Supreme 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 1
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.