PEOPLE v. STATEN JACKSON (2019)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Bryan STATEN-JACKSON, Appellant.

2015-2164 K CR

Decided: January 04, 2019

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

Appellate Advocates (Bryan D. Kreykes of counsel), for appellant. Kings County District Attorney (Leonard Joblove and Victor Barall of Cousel), for respondent.

ORDERED that the sentence is affirmed.

Defendant was charged in an accusatory instrument, under docket number 2015KN048250, with criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1] ) and unlawful possession of marihuana (Penal Law § 221.05). On August 10, 2015, defendant pleaded guilty to criminal possession of marihuana in the fifth degree in satisfaction of the accusatory instrument. On appeal, defendant contends that the court failed to pronounce sentence on the record following his plea allocution, or at any point in the ensuing 18-month period.

Pursuant to CPL 380.20, a court must pronounce sentence in every case where a conviction is entered. Here, the record demonstrates that, on August 10, 2015, defendant was sentenced by the court to time served.

Accordingly, the sentence is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

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