| People v Davis |
| 2016 NY Slip Op 03087 [138 AD3d 580] |
| 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 Jeffrey Davis, Appellant. |
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gad11n of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered June 20, 2013, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of five 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—Tom, J.P., Acosta, Richter, Manzanet-Daniels and Gesmer, JJ.