| People v Brown |
| 2015 NY Slip Op 07106 [132 AD3d 1274] |
| October 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vClayton L. Brown, Appellant. |
Easton Thompson Kasperek Shiffrin LLP, Rochester (Brian Shiffrin of counsel), fordefendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (Brian D. Dennis of counsel),for respondent.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.),rendered May 14, 2014. The judgment convicted defendant, upon his plea of guilty, ofattempted robbery in the first degree, criminal possession of a weapon in the third degreeand aggravated unlicensed operation of a motor vehicle in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously modified onthe law by vacating the sentence imposed on count three of the indictment and imposinga definite sentence of 180 days of imprisonment on that count, to run concurrently withthe sentences imposed on counts one and two, and as modified the judgment isaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of attempted robbery in the first degree (Penal Law §§ 110.00,160.15 [3]), criminal possession of a weapon in the third degree (§ 265.02[1]) and aggravated unlicensed operation of a motor vehicle in the second degree(Vehicle and Traffic Law § 511 [2] [a] [ii]). As the People correctlyconcede, the sentence imposed on count three of the indictment, i.e., a one-year definiteterm of imprisonment for aggravated unlicensed operation of a motor vehicle in thesecond degree, is illegal (see § 511 [2] [b]). We therefore modifythe judgment by vacating the sentence imposed on that count and imposing a definitesentence of 180 days of imprisonment, to run concurrently with the sentences on theremaining counts. We reject defendant's further contention that the sentences imposed onthe remaining counts are unduly harsh and severe. Present—Centra, J.P.,Peradotto, Lindley, Whalen and DeJoseph, JJ.