People v. Davis (138 A.D.3d 580, 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 NY3d 730 [2016]).

Concur — Tom, J.P., Acosta, Richter, Manzanet-Daniels and Gesmer, JJ.