SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
July 1, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
WILLIE J. PRUITT,
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered December 3, 2008.
People v Pruitt
Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on July 1, 2011
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND GREEN, JJ.
The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds.
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 ). 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). Entered: July 1, 2011 Patricia L. Morgan Clerk of the Court
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