Opinion
07-27-2016
The PEOPLE, etc., respondent, v. Eric SNYPE, appellant.
Alex Smith, Middletown, NY, for appellant. David M. Hoovler, District Attorney, Middletown, NY (Nicholas D. Mangold and Andrew R. Kass of counsel), for respondent.
Alex Smith, Middletown, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Nicholas D. Mangold and Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered November 18, 2014, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, there is no need to remit this matter for amendment of the sentencing minutes for the purposes of 7 NYCRR 1900.4(c)(1)(iii) (see People v. Ellis, 123 A.D.3d 1054, 1054, 997 N.Y.S.2d 317 ; cf. People v. Jackson, 136 A.D.3d 1056, 1057, 26 N.Y.S.3d 196 ). The sentence and commitment specifies that the defendant was convicted of criminal possession of a weapon in the second degree under Penal Law § 265.03(3), and is in compliance with CPL 380.65 (see People v. Ellis, 123 A.D.3d at 1054, 997 N.Y.S.2d 317 ; People v. Lynch, 121 A.D.3d 717, 719, 993 N.Y.S.2d 163 ).
BALKIN, J.P., MILLER, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.