| People v Wiggins |
| 2016 NY Slip Op 03258 [138 AD3d 634] |
| April 28, 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 Shamel Wiggins, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Judgment, Supreme Court, New York County, (Edward J. McLaughlin, J., at plea;
Richard D. Carruthers, J., ` at sentencing), rendered May 15, 2013, convicting
defendant of burglary in the second degree, and sentencing him to a term of
3
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—Acosta, J.P., Renwick, Manzanet-Daniels, Kapnick and Gesmer, JJ.