THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JERWIE RICHARDSON DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JERWIE RICHARDSON, DEFENDANT–APPELLANT.

KA 12–00719

Decided: June 19, 2015

PRESENT:  SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND WHALEN, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANE I. YOON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum:  On a prior appeal, we affirmed defendant's judgment of conviction (People v. Richardson, 203 A.D.2d 932, lv denied 84 N.Y.2d 831).   Defendant now appeals from an order settling the transcript of his sentencing proceeding, correcting the scrivener's errors therein, and correcting the sentence and commitment form to reflect the sentence imposed.   Although no appeal as of right lies from the order (see CPL 450.15[3];  450.30[3];  see generally People v. Stevens, 91 N.Y.2d 270, 277), we treat the notice of appeal as an application for leave to appeal pursuant to CPL 460.15 and grant the application (see generally People v. Stevenson, 176 A.D.2d 516, 517, lv denied 79 N.Y.2d 832;  People v. Frizer, 328 N.Y.S.2d 368, 368).

Contrary to defendant's contention, the record establishes that the sentencing transcript contained a clerical error, and Supreme Court properly exercised its inherent power to correct the transcript, as well as the sentence and commitment form (see generally People v. Richardson, 100 N.Y.2d 847, 850;  People ex rel. Davidson v. Kelly, 193 A.D.2d 1140, 1141).   Finally, we reject defendant's further contention that he was deprived of effective assistance of counsel (see People v. Wester, 82 AD3d 1677, 1678, lv denied 17 NY3d 803;  People v. Moye, 13 AD3d 1123, 1123, lv denied 4 NY3d 833).

Frances E. Cafarell

Clerk of the Court