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PEOPLE v. DAVIS

898, 5714/12.

138 A.D.3d 580 (2016)

28 N.Y.S.3d 608

2016 NY Slip Op 03087

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY DAVIS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2016.

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 N.Y.3d 730

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