PEOPLE v. MASON (2010)

 Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, four counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2) ] ).   In previously affirming the judgments of conviction of four of the codefendants, we rejected their contentions that County Court erred in determining that the police had probable cause to search the van in which defendant and those codefendants were passengers (see People v. Young, 57 A.D.3d 1431, 869 N.Y.S.2d 814, lv. denied 12 N.Y.3d 789, 879 N.Y.S.2d 66, 906 N.E.2d 1100;  People v. Majors, 55 A.D.3d 1288, 864 N.Y.S.2d 809, lv. denied 11 N.Y.3d 898, 873 N.Y.S.2d 274, 901 N.E.2d 768;  People v. Hunt, 52 A.D.3d 1312, 859 N.Y.S.2d 848, lv. denied 11 N.Y.3d 737, 864 N.Y.S.2d 396, 894 N.E.2d 660;  People v. Jackson, 52 A.D.3d 1318, 860 N.Y.S.2d 368, lv. denied 11 N.Y.3d 737, 864 N.Y.S.2d 396, 894 N.E.2d 660).   We likewise reject that same contention of defendant raised herein.   We also rejected the contention of three of the codefendants that the police had probable cause to stop the van (see Young, 57 A.D.3d 1431, 869 N.Y.S.2d 814;  Majors, 55 A.D.3d 1288, 864 N.Y.S.2d 809;  Hunt, 52 A.D.3d 1312, 859 N.Y.S.2d 848), and we similarly reject that contention of defendant raised herein.   Contrary to defendant's further contention, the sentence is not unduly harsh or severe.   We agree with defendant, however, that the certificate of conviction incorrectly reflects that defendant was sentenced as a second felony offender, and it must therefore be amended to reflect that he was sentenced as a violent felony offender (see People v. Wynn, 55 A.D.3d 1378, 1379, 864 N.Y.S.2d 641, lv. denied 11 N.Y.3d 901, 873 N.Y.S.2d 277, 901 N.E.2d 771).

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

MEMORANDUM: