Opinion
No. KA 06-03548.
June 19, 2009.
Present: Martoche, J.P., Smith, Fahey, Carni and Green, JJ.
Upon the Court's own motion, the memorandum and order entered June 5, 2009 ( 63 AD3d 1659) is amended by deleting "as a matter of discretion in the interest of justice and" from the ordering paragraph and by deleting the penulti-mate sentence of the memorandum and substituting the following sentence: "We note that, although defendant failed to preserve his contention for our review ( see CPL 470.05), preservation is not required inasmuch as the ` "essential nature" of the right to be sentenced as provided by law' is implicated ( People v Fuller, 57 NY2d 152, 156)."