PEOPLE v. SANTIAGO

1163, 2392/13.

139 A.D.3d 515 (2016)

30 N.Y.S.3d 544

2016 NY Slip Op 03831

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN SANTIAGO, Appellant.

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

Decided May 17, 2016.


The sentencing court had no discretion to waive or defer defendant's mandatory surcharge (see People v Jones, 26 N.Y.3d 730, 732 [2016]).

Defendant did not make a valid waiver of his right to appeal, because the court stated that the waiver was in exchange for receiving the "minimum sentence," when in fact, the term of postrelease supervision was greater than the minimum. However, we perceive no basis for reducing...

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