Opinion
2013-11-7
The PEOPLE of the State of New York, Respondent, v. Leslie J. DOLDER III, Appellant.
Theodore J. Stein, Woodstock, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Theodore J. Stein, Woodstock, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: ROSE, J.P., LAHTINEN, STEIN and GARRY, JJ.
ROSE, J.P.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered July 23, 2012, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.
Defendant pleaded guilty to criminal contempt in the first degree in full satisfaction of a four-count indictment. He was thereafter sentenced, as a second felony offender, to a prison term of 1 1/2 to 3 years. Defendant appeals.
We affirm. Defendant's contention that County Court failed to advise him at the time of his plea that he would be sentenced as a second felony offender is not preserved for our review, inasmuch as the record fails to indicate that he moved to withdraw his plea or vacate the judgment of conviction ( see People v. Harden, 99 A.D.3d 1108, 1109, 952 N.Y.S.2d 474 [2012];People v. Campbell, 66 A.D.3d 1059, 1060, 886 N.Y.S.2d 242 [2009] ). We note, however, that the uniform sentence and commitment form contains a clerical error in which it incorrectly indicates that defendant was sentenced to a period of postrelease supervision. Our review of the sentencing minutes confirms that County Court did not impose any period of postrelease supervision, and the People acknowledged that such a sentence would be unauthorized ( seePenal Law §§ 70.06[2]; 70.45[1]; People v. Griffin, 99 A.D.3d 720, 722, 952 N.Y.S.2d 89 [2012];People v. Mao–Sheng Lin, 84 A.D.3d 1595, 1595, 923 N.Y.S.2d 303 [2011] ). Accordingly, the uniform sentence and commitment form must be amended to reflect the sentence as imposed by County Court ( see generally People v. Minaya, 54 N.Y.2d 360, 364, 445 N.Y.S.2d 690, 429 N.E.2d 1161 [1981],cert. denied455 U.S. 1024, 102 S.Ct. 1725, 72 L.Ed.2d 144 [1982];People v. Feliciano, 108 A.D.3d 880, 880 n. 1, 969 N.Y.S.2d 221 [2013];People v. Vasavada, 93 A.D.3d 893, 894, 938 N.Y.S.2d 924 [2012],lv. denied19 N.Y.3d 978, 950 N.Y.S.2d 360, 973 N.E.2d 770 [2012];see also Matter of Martinez v. Fish, 53 A.D.3d 580, 581, 861 N.Y.S.2d 774 [2008] ).
ORDERED that the judgment is affirmed, and matter remitted for entry of an amended uniform sentence and commitment form.