Opinion
2018-10771
12-29-2021
The People, etc., respondent, v. Shawn Farrar, appellant. S.C.I. No. 1608/18
Janet E. Sabel, New York, NY (Kristina Schwarz of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Sharon Y. Brodt, and Russell Shapiro of counsel), for respondent.
Submitted - December 10, 2021
Janet E. Sabel, New York, NY (Kristina Schwarz of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Sharon Y. Brodt, and Russell Shapiro of counsel), for respondent.
JOSEPH J. MALTESE, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Danielle Hartman, J., at plea; Gia Morris, J., at sentence), rendered July 30, 2018, convicting him of attempted criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he is not entitled to vacatur of his conviction and dismissal of the accusatory instrument based upon the sentencing court's error in pronouncing the sentence (see People v Sparber, 10 N.Y.3d 457, 471-472; People v Sturgis, 69 N.Y.2d 816, 818). Since the defendant is not entitled to the only remedy he seeks on this appeal, we affirm the judgment.
MALTESE, J.P., DUFFY, IANNACCI and FORD, JJ., concur.