People v. Rosario (138 A.D.3d 566, 2016)

Judgment, Supreme Court, New York County (Lewis Bart Stone, J., at plea; Charles H. Solomon, J., at sentencing), rendered September 13, 2012, convicting defendant of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 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 — Sweeny, J.P., Renwick, Saxe, Gische and Kahn, JJ.