| People v Dolder |
| 2013 NY Slip Op 07219 [111 AD3d 985] |
| November 7, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v LeslieJ. Dolder III, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Rose, J.P. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered July 23, 2012, convicting defendant upon his plea of guilty of the crime ofcriminal contempt in the first degree.
Defendant pleaded guilty to criminal contempt in the first degree in full satisfactionof a four-count indictment. He was thereafter sentenced, as a second felony offender, to aprison term of 1½ to 3 years. Defendant appeals.
We affirm. Defendant's contention that County Court failed to advise him at the timeof his plea that he would be sentenced as a second felony offender is not preserved forour review, inasmuch as the record fails to indicate that he moved to withdraw his plea orvacate the judgment of conviction (see People v Harden, 99 AD3d 1108, 1109 [2012]; People v Campbell, 66 AD3d1059, 1060 [2009]). We note, however, that the uniform sentence and commitmentform contains a clerical error in which it incorrectly indicates that defendant wassentenced to a period of postrelease supervision. Our review of the sentencing minutesconfirms that County Court did not impose any period of postrelease supervision, and thePeople acknowledged that such a sentence would be unauthorized (see PenalLaw §§ 70.06 [2]; 70.45 [1]; People v Griffin, 99 AD3d 720, 722 [2012]; People v Mao-Sheng Lin, 84AD3d 1595, 1595 [2011]). Accordingly, the uniform sentence and commitmentform must be amended to reflect the [*2]sentence asimposed by County Court (see generally People v Minaya, 54 NY2d 360, 364[1981], cert denied 455 US 1024 [1982]; People v Feliciano, 108 AD3d 880, 880 n 1 [2013]; People v Vasavada, 93 AD3d893, 894 [2012], lv denied 19 NY3d 978 [2012]; see also Matter of Martinez vFish, 53 AD3d 580, 581 [2008]).
Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, andmatter remitted for entry of an amended uniform sentence and commitment form.