From Casetext: Smarter Legal Research

People v. Gorton

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 3, 2023
181 N.Y.S.3d 510 (N.Y. App. Div. 2023)

Opinion

47 KA 21-01285

02-03-2023

The PEOPLE of the State of New York, Respondent, v. Michael G. GORTON, Defendant-Appellant.

HAYDEN M. DADD, CONFLICT DEFENDER, GENESEO (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT. GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.


HAYDEN M. DADD, CONFLICT DEFENDER, GENESEO (BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, MONTOUR, AND OGDEN, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of attempted robbery in the second degree ( Penal Law §§ 110.00, 160.10 [2] [a] ) and imposing a determinate term of imprisonment, followed by a period of postrelease supervision. Contrary to defendant's contention, the sentence is not unduly harsh or severe. We note, however, that the uniform sentence and commitment form erroneously reflects that defendant was convicted of robbery in the second degree, and it therefore must be corrected to reflect that defendant was convicted of attempted robbery in the second degree.


Summaries of

People v. Gorton

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 3, 2023
181 N.Y.S.3d 510 (N.Y. App. Div. 2023)
Case details for

People v. Gorton

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Michael G. GORTON…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Feb 3, 2023

Citations

181 N.Y.S.3d 510 (N.Y. App. Div. 2023)