Opinion
72 KA 20-00393
03-17-2023
The PEOPLE of the State of New York, Respondent, v. Jason F. GILIFORTE, Defendant-Appellant. (Appeal No. 1.)
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (LEAH N. FARWELL OF COUNSEL), FOR DEFENDANT-APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (LEAH N. FARWELL OF COUNSEL), FOR DEFENDANT-APPELLANT.
JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, CURRAN, BANNISTER, AND OGDEN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of two counts of aggravated family offense ( Penal Law § 240.75 ) and two counts of stalking in the fourth degree (§ 120.45 [1]). In appeal No. 2, he appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of attempted burglary in the second degree (§§ 110.00, 140.25 [2]) and imposing a sentence of imprisonment. We reject defendant's contention in each appeal that the sentence imposed is unduly harsh and severe.
With respect to appeal No. 1, we note that the certificate of conviction and uniform sentence and commitment form incorrectly indicate that defendant was sentenced as a second violent felony offender, and they must be amended to reflect that he was sentenced as a second felony offender (see generally People v. Fox , 204 A.D.3d 1452, 1454, 166 N.Y.S.3d 790 [4th Dept. 2022], lv denied 39 N.Y.3d 940, 177 N.Y.S.3d 532, 198 N.E.3d 775 [2022] ); People v. Bradley , 196 A.D.3d 1168, 1170-1171, 150 N.Y.S.3d 491 [4th Dept. 2021] ).