THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JASON GILIFORTE DEFENDANT APPELLANT APPEAL NO (2023)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JASON F. GILIFORTE, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

72 Decided: March 17, 2023

PRESENT: WHALEN, P.J., SMITH, CURRAN, BANNISTER, AND OGDEN, JJ.

LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (LEAH N. FARWELL OF COUNSEL), FOR DEFENDANT-APPELLANT. JAMES B. RITTS, DISTRICT ATTORNEY, CANANDAIGUA (V. CHRISTOPHER EAGGLESTON OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of two counts of aggravated family offense (Penal Law § 240.75) and two counts of stalking in the fourth degree (§ 120.45 [1]). In appeal No. 2, he appeals from a judgment revoking the sentence of probation previously imposed upon his conviction of attempted burglary in the second degree (§§ 110.00, 140.25 [2]) and imposing a sentence of imprisonment. We reject defendant's contention in each appeal that the sentence imposed is unduly harsh and severe.

With respect to appeal No. 1, we note that the certificate of conviction and uniform sentence and commitment form incorrectly indicate that defendant was sentenced as a second violent felony offender, and they must be amended to reflect that he was sentenced as a second felony offender (see generally People v Fox, 204 AD3d 1452, 1454 [4th Dept 2022], lv denied 39 NY3d 940 [2022]); People v Bradley, 196 AD3d 1168, 1170-1171 [4th Dept 2021]).

Entered: March 17, 2023

Ann Dillon Flynn

Clerk of the Court

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