Opinion
March 4, 1988
Appeal from the Ontario County Court, Reed, J.
Present — Doerr, J.P., Boomer, Green, Balio and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The record unequivocally indicates that the charge of criminal possession of stolen property in the third degree was dismissed by the court during the plea colloquy. Since the amended certificate of conviction shows that defendant was sentenced on that charge, we modify the judgment by reversing that conviction and by vacating the sentence imposed thereon.
The remaining claims advanced by defendant lack merit and do not warrant reversal (see, People v. Hood, 62 N.Y.2d 863; People v. Garrett, 125 A.D.2d 329).