THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DEVONAIRE KING DEFENDANT APPELLANT (2024)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVONAIRE KING, DEFENDANT-APPELLANT.

903 Decided: March 15, 2024

PRESENT: WHALEN, P.J., CURRAN, OGDEN, GREENWOOD, AND NOWAK, JJ.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]).

Contrary to defendant's contention on appeal, his sentence is not unduly harsh or severe. However, both the certificate of conviction and the uniform sentence and commitment form must be corrected to reflect defendant's status as a second violent felony offender rather than a second felony offender (see People v Nelson, 206 AD3d 1703, 1704 [4th Dept 2022], lv denied 38 NY3d 1152 [2022]; People v Mobayed, 158 AD3d 1221, 1223 [4th Dept 2018], lv denied 31 NY3d 1015 [2018]).

Entered: March 15, 2024

Ann Dillon Flynn

Clerk of the Court

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