Opinion
06-29-2016
The PEOPLE, etc., respondent, v. Jason S. MOLINARO, appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered November 18, 2014, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the County Court erred in denying his request, pursuant to 7 NYCRR 1900.4(c)(1)(iii), for a document specifying the section and subdivision of the Penal Law under which he was convicted. However, the defendant's sentence and commitment specifies the section and subdivision of the Penal Law under which he was convicted, as required by CPL 380.65, so his sentence and commitment fulfills the requirements of 7 NYCRR 1900.4(c)(1)(iii) (see People v. Jackson, 136 A.D.3d 1056, 1057, 26 N.Y.S.3d 196 ; People v. Lynch, 121 A.D.3d 717, 718–719, 993 N.Y.S.2d 163 ). There was, therefore, no need to provide the defendant with a separate document of the type described in 7 NYCRR 1900.4(c)(1)(iii) (see People v. Ellis, 123 A.D.3d 1054, 997 N.Y.S.2d 317 ; People v. Nelson, 121 A.D.3d 719, 720, 993 N.Y.S.2d 161 ; People v. Lynch, 121 A.D.3d at 719, 993 N.Y.S.2d 163 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.