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People v. Wheeler

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1230 (N.Y. App. Div. 2008)

Opinion

No. KA 06-02720.

March 14, 2008.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered August 1, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.

Present: Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by imposing a determinate term of imprisonment of 3½ years and a three-year period of postrelease supervision and as modified the judgment is affirmed.

Memorandum: In each appeal, defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). Although defendant is correct that the sentence imposed in each appeal does not correspond to County Court's sentencing commitment, we conclude that the error was ministerial, "it being clear from the plea minutes that the court inadvertently transposed the sentences it intended to impose" ( People v Rodriguez, 216 AD2d 40, 41, lv denied 86 NY2d 874 [1995]). We therefore modify the judgment in each appeal accordingly. Contrary to defendant's further contention, the bargained-for sentence is not unduly harsh or severe.


Summaries of

People v. Wheeler

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1230 (N.Y. App. Div. 2008)
Case details for

People v. Wheeler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER WHEELER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 14, 2008

Citations

49 A.D.3d 1230 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2305
852 N.Y.S.2d 873

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