PEOPLE v. OWENS


10 A.D.3d 619 (2004)

781 N.Y.S.2d 454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY KEITH OWENS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 7, 2004.


Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered July 2, 2002, convicting him of criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the sentencing court was without authority to waive the mandatory surcharge (see CPL 420.35). The defendant's further contention that the sentencing court erred...

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