Opinion
562 KA 18-01026
10-02-2020
The PEOPLE of the State of New York, Respondent, v. Jonathan WILLIAMS, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. KULESUS OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. KULESUS OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, NEMOYER, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, aggravated driving while intoxicated ( Vehicle and Traffic Law §§ 1192 [2-a] [b] ; 1193 [1] [c] [i] ). As the People correctly concede, the uniform sentence and commitment dated July 2, 2018, and the certificate of conviction erroneously recite that, with respect to the above crime, Supreme Court adjudicated defendant a second felony offender and imposed an indeterminate term of imprisonment of 11/2 to 3 years. Those documents must therefore be amended to reflect that defendant was not adjudicated a second felony offender and that the court imposed an indeterminate term of imprisonment of 1 to 3 years (see People v. Morrow , 167 A.D.3d 1516, 1518, 90 N.Y.S.3d 436 [4th Dept. 2018], lv denied 33 N.Y.3d 951, 100 N.Y.S.3d 154, 123 N.E.3d 813 [2019] ; People v. Wesley B. , 167 A.D.3d 1562, 1562, 88 N.Y.S.3d 330 [4th Dept. 2018] ; People v Kowal , 159 A.D.3d 1346, 1347, 73 N.Y.S.3d 298 [4th Dept. 2018] ).