Opinion
January 31, 1983
Appeal from the Supreme Court, Erie County, Honan, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Moule, JJ.
Judgment unanimously affirmed. Memorandum: We conclude that defendant was properly sentenced to a definite term of one year as stated in the certificate of conviction ( People v. Giordano, 81 A.D.2d 1003, affd 56 N.Y.2d 524). The sentencing minutes show that the Judge sentenced the defendant to a "definite sentence * * * for not more than one year". There is no indication that the Judge intended to sentence defendant for a period less than one year. Neither defendant nor his counsel made a request for clarification of the sentence as pronounced by the court, and his notice of appeal states that it is from a judgment "sentencing the defendant to a definite term of one year."