People v. Kistner

—Appeal from a judgment of Niagara County Court (Broderick, Sr., J.), entered October 16, 2000, convicting defendant by plea of guilty of attempted burglary in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), defendant contends that County Court erred in denying his motion to defer the mandatory surcharge. We disagree. Although the court erred in determining that it…