Opinion
03-15-2024
The PEOPLE of the State of New York, Respondent, v. Devonaire KING, Defendant-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT.
Appeal from a judgment of the Onondaga County Court (Gordon J. Cuffy, A.J.), rendered June 15, 2022. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT.
PRESENT: WHALEN, P.J., CURRAN, OGDEN, GREENWOOD, AND NOWAK, 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]).
Contrary to defendant’s contention on appeal, his sentence is not unduly harsh or severe. However, both the certificate of conviction and the uniform sentence and commitment form must be corrected to reflect defendant’s status as a second violent felony offender rather than a second felony offender (see People v. Nelson, 206 A.D.3d 1703, 1704, 169 N.Y.S.3d 771 [4th Dept. 2022], lv denied 38 N.Y.3d 1152, 174 N.Y.S.3d 26, 194 N.E.3d 733 [2022]; People v. Mobayed, 158 A.D.3d 1221, 1223, 70 N.Y.S.3d 267 [4th Dept. 2018], lv denied 31 N.Y.3d 1015, 78 N.Y.S.3d 285, 102 N.E.3d 1066 [2018]).