Opinion
03-31-2017
The PEOPLE of the State of New York, Respondent, v. Ebony S. MACK, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting her upon her plea of guilty of, inter alia, aggravated driving while intoxicated (Vehicle and Traffic Law § 1192[2–a][a] ). We agree with defendant that the certificate of conviction incorrectly reflects that her sentence included a fine, and it therefore must be amended to correct that error (see generally People v. Meza, 141 A.D.3d 1110, 1110, 33 N.Y.S.3d 810, lv. denied 28 N.Y.3d 928, 40 N.Y.S.3d 356, 63 N.E.3d 76 ; People v. Kemp, 112 A.D.3d 1376, 1377, 977 N.Y.S.2d 536 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.CENTRA, J.P., PERADOTTO, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.