People v Joseph

2009 NY Slip Op 05162 [63 AD3d 1727]

June 19, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent, v Raymond E.Joseph, III, Appellant. (Appeal No. 2.)

—[*1]Upon the Court's own motion, the memorandum andorder entered June 5, 2009 (63 AD3d — , 2009 NY Slip Op 04638) is amended bydeleting "as a matter of discretion in the interest of justice and" from the ordering paragraph andby deleting the penultimate sentence of the memorandum and substituting the followingsentence: "We note that, although defendant failed to preserve his contention for our review(see CPL 470.05 [2]), preservation is not required inasmuch as the ' "essential nature" ofthe right to be sentenced as provided by law' is implicated (People v Fuller, 57 NY2d152, 156 [1982])." Present: Martoche, J.P., Smith, Fahey, Carni and Green, JJ.