People v. Andretta (140 A.D.3d 476, 2016)

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered August 12, 2014, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second felony offender, to a term of three 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 — Mazzarelli, J.P., Acosta, Saxe, Kapnick and Kahn, JJ.