People v Singleton
2016 NY Slip Op 03076 [138 AD3d 571]
April 21, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2016


[*1]
 The People of the State of New York, Respondent,
v
Tiron Singleton, Appellant.

Scott A. Rosenberg, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 9, 2011, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The sentencing court properly found that it had no discretion to waive or defer defendant's mandatory surcharge (see People v Jones, 26 NY3d 730 [2016]). Concur—Sweeny, J.P., Renwick, Saxe, Gische and Kahn, JJ.