Legal Opinion

The People v. Anthony Jones

New York Court of Appeals

Decided February 18, 2016No. 2PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

Defendant claims that his due process rights were violated when the sentencing court refused to consider his request to defer payment of a mandatory surcharge imposed upon him pursuant to Penal Law § 60.35. We conclude that the applicable statutory scheme provides no such discretion to the sentencing court, and therefore we affirm the Appellate Division.

L

Defendant pleaded guilty to criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). At…

2Cases cited8 opinions

  1. DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
  2. People v. SmithNew York Court of Appeals · 2012
  3. People v. WilliamsNew York Court of Appeals · 2012
  4. People v. KochNew York Court of Appeals · 1949
  5. People v. QuinonesNew York Court of Appeals · 2000

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3Cited by55 opinions

  1. The People v. Luis A. PabonNew York Court of Appeals · 2016
  2. The Matter of 381 Search Warrants Directed to Facebook Inc. v. New York County District Attorney's OfficeNew York Court of Appeals · 2017
  3. People v. AttahAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. NoreliusAppellate Division of the Supreme Court of the State of New York · 2016

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