THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. WILLIE PRUITT DEFENDANT APPELLANT

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIE J. PRUITT, DEFENDANT–APPELLANT.

KA 09–00152

Decided: July 01, 2011

PRESENT:  SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND GREEN, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (ERIC M. DOLAN OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in or near school grounds (Penal Law § 220.44[2] ).   Contrary to defendant's contention, the sentence is not unduly harsh or severe.   We note however, that the certificate of conviction incorrectly recites that defendant was convicted of criminal sale of a controlled substance in the third degree under Penal Law § 220.39(1), and it must therefore be amended to reflect that he was convicted of criminal sale of a controlled substance in or near school grounds under Penal Law § 220.44(2) (see People v. Saxton, 32 AD3d 1286).

Patricia L. Morgan

Clerk of the Court