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PEOPLE v. WIGGINS

967, 5895/11.

138 A.D.3d 634 (2016)

28 N.Y.S.3d 870

2016 NY Slip Op 03258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAMEL WIGGINS, Appellant.

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

Decided April 28, 2016.

Judgment, Supreme Court, New York County, (Edward J. McLaughlin, J., at plea; Richard D. Carruthers, J., at sentencing), rendered May 15, 2013, convicting defendant of burglary in the second degree, and sentencing him to a term of 3 ½ years, unanimously affirmed.

The sentencing court properly found that it had no discretion to defer defendant's mandatory surcharge (see People v Jones, 26 N.Y.3d 730

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