PEOPLE v. MELVIN (2001)

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

The PEOPLE, etc., Respondent, v. Anton MELVIN, Appellant.

Decided: January 08, 2001

LAWRENCE J. BRACKEN, ACTING P.J., CORNELIUS J. O'BRIEN, ANITA R. FLORIO and ROBERT W. SCHMIDT, JJ.

Alan S. Zigman, Mineola, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered March 1, 1999, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The certificate of conviction produced by the People in this case was sufficient to establish that the defendant was a second felony offender (see, CPL 60.60[1]; People v. Parsons, 84 A.D.2d 510, 443 N.Y.S.2d 159, affd. 55 N.Y.2d 858, 447 N.Y.S.2d 924, 432 N.E.2d 796). “Unlike the situation in People v. Van Buren, 82 N.Y.2d 878, 609 N.Y.S.2d 170, 631 N.E.2d 112, where the certificate of conviction produced by the People identified the previously convicted individual by nothing more than name, in this case the evidence offered by the People identified [the] defendant by name, [and by] date of birth” (People v. Richards, 266 A.D.2d 714, 715-716, 698 N.Y.S.2d 785). Thus, the defendant was properly sentenced as a second felony offender.

MEMORANDUM BY THE COURT.

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