From Casetext: Smarter Legal Research

People v. Devlin

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1988
144 A.D.2d 577 (N.Y. App. Div. 1988)

Opinion

November 21, 1988

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgments are affirmed.

We find no merit to the defendant's contention that the sentences imposed by the County Court were unduly harsh or excessive, nor do we find any basis for appellate modification (see, People v. Suitte, 90 A.D.2d 80).

In addition, the defendant requests that this court modify his judgment of conviction under S.C.I. No. 64643 to accurately reflect that he pleaded guilty to attempted criminal possession of a forged instrument in the second degree. It is specifically argued that at sentencing, the County Court stated that the defendant had pleaded guilty to criminal possession of a forged instrument in the second degree. However, a review of the sentencing minutes indicates that the County Court's use of the word "attempted" applied to all the offenses for which the defendant had entered a guilty plea. In addition, the order of commitment accurately sets forth that the defendant pleaded guilty to the crime of attempted criminal possession of a forged instrument in the second degree. Accordingly, we need not amend the judgment with respect to that conviction. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.


Summaries of

People v. Devlin

Appellate Division of the Supreme Court of New York, Second Department
Nov 21, 1988
144 A.D.2d 577 (N.Y. App. Div. 1988)
Case details for

People v. Devlin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN DEVLIN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 1988

Citations

144 A.D.2d 577 (N.Y. App. Div. 1988)