| People v Hernandez |
| 2016 NY Slip Op 03090 [138 AD3d 581] |
| 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 Alberto Hernandez, 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 (Jill Konviser, J.), rendered January 17, 2013, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of seven 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—Tom, J.P., Acosta, Richter, Manzanet-Daniels and Gesmer, JJ.