Opinion
2015-06-19
The PEOPLE of the State of New York, Respondent, v. Jerwie RICHARDSON, Defendant–Appellant.
Appeal from an order of the Supreme Court, Monroe County (Joseph D. Valentino, J.), entered January 4, 2012. The order determined that there was an error in the sentencing transcript and clarified the sentence. Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Appeal from an order of the Supreme Court, Monroe County (Joseph D. Valentino, J.), entered January 4, 2012. The order determined that there was an error in the sentencing transcript and clarified the sentence.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
MEMORANDUM:
On a prior appeal, we affirmed defendant's judgment of conviction (People v. Richardson, 203 A.D.2d 932, 611 N.Y.S.2d 463, lv. denied84 N.Y.2d 831, 617 N.Y.S.2d 151, 641 N.E.2d 172). Defendant now appeals from an order settling the transcript of his sentencing proceeding, correcting the scrivener's errors therein, and correcting the sentence and commitment form to reflect the sentence imposed. Although no appeal as of right lies from the order ( see CPL 450.15[3]; 450.30[3]; see generally People v. Stevens, 91 N.Y.2d 270, 277, 669 N.Y.S.2d 962, 692 N.E.2d 985), we treat the notice of appeal as an application for leave to appeal pursuant to CPL 460.15 and grant the application ( see generally People v. Stevenson, 176 A.D.2d 516, 517, 574 N.Y.S.2d 707, lv. denied 79 N.Y.2d 832, 580 N.Y.S.2d 213, 588 N.E.2d 111; People v. Frizer, ––– N.Y.2d ––––, 328 N.Y.S.2d 368, 368, –––N.E.3d ––––).
Contrary to defendant's contention, the record establishes that the sentencing transcript contained a clerical error, and Supreme Court properly exercised its inherent power to correct the transcript, as well as the sentence and commitment form ( see generally People v. Richardson, 100 N.Y.2d 847, 850, 767 N.Y.S.2d 384, 799 N.E.2d 607; People ex rel. Davidson v. Kelly, 193 A.D.2d 1140, 1141, 600 N.Y.S.2d 658). Finally, we reject defendant's further contention that he was deprived of effective assistance of counsel ( see People v. Wester, 82 A.D.3d 1677, 1678, 919 N.Y.S.2d 417, lv. denied17 N.Y.3d 803, 929 N.Y.S.2d 111, 952 N.E.2d 1106; People v. Moye, 13 A.D.3d 1123, 1123, 786 N.Y.S.2d 772, lv. denied4 N.Y.3d 833, 796 N.Y.S.2d 588, 829 N.E.2d 681).
It is hereby ORDERED that the order so appealed from is unanimously affirmed.