Opinion
2014-05-22
The PEOPLE of the State of New York, Respondent, v. Haneef WASHINGTON, Appellant.
Craig Meyerson, Latham, for appellant, and appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Hannah Stith Long of counsel), for respondent.
Craig Meyerson, Latham, for appellant, and appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Hannah Stith Long of counsel), for respondent.
Before: LAHTINEN, J.P., STEIN, McCARTHY and EGAN JR., JJ.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered July 5, 2012, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree.
In satisfaction of a 25–count superceding indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree and waived the right to appeal his conviction and sentence. He was thereafter sentenced as a second felony drug offender with a prior violent felony conviction to an aggregate prison term of 12 years, to be followed by three years of postrelease supervision. Defendant appeals.
Appellate counsel seeks to be relieved of his assignment of representing defendant upon the ground that there is no nonfrivolous issues to be raised on appeal. Based upon our review of the record, counsel's brief, the Attorney General's brief and defendant's pro se submissions, we agree. Therefore, the judgment is affirmed and counsel's request for leave to withdraw is granted ( see People v. Cruwys, 113 A.D.2d 979, 980, 493 N.Y.S.2d 653 [1985],lv. denied67 N.Y.2d 650, 499 N.Y.S.2d 1046, 490 N.E.2d 562 [1986] ).
We note, however, that although defendant was properly sentenced as a second felony drug offender with a prior violent felony conviction, the uniform sentence and commitment form incorrectly contains a notation indicating that he was sentenced as a second violent felony offender. While this error does not require that an otherwise legal sentence be vacated, the uniform sentence and commitment form must be amended accordingly ( see People v. Jones, 112 A.D.3d 991, 992, 975 N.Y.S.2d 920 [2013];People v. Morse, 111 A.D.3d 1161, 1162, 975 N.Y.S.2d 496 [2013];People v. Dolder, 111 A.D.3d 985, 985, 974 N.Y.S.2d 195 [2013] ).
ORDERED that the judgment is affirmed, application to be relieved of assignment granted, and matter remitted for entry of an amended uniform sentence and commitment form.