THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JEFFREY DOMBROWSKI DEFENDANT APPELLANT (2012)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEFFREY R. DOMBROWSKI, DEFENDANT–APPELLANT.

KA 10–00213

Decided: April 20, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Erie County Court (Michael F. Pietruszka, J.), entered December 3, 2009. The appeal was held by this Court by order entered September 30, 2011, decision was reserved and the matter was remitted to Erie County Court for further proceedings (87 AD3d 1267). The proceedings were held and completed.

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

As defendant correctly contends, however, the certificate of conviction mistakenly recites that he was sentenced as a second violent felony offender. The sentencing minutes establish that defendant was sentenced as a “second felony offender,” and the certificate of conviction must therefore be amended to correct the clerical error (see generally People v. Saxton, 32 AD3d 1286, 1286–1287).

Frances E. Cafarell

Clerk of the Court

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