| People v Brown |
| 2018 NY Slip Op 07900 [166 AD3d 1579] |
| November 16, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Corey Brown, Appellant. |
Linda M. Campbell, Syracuse, for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel),for respondent.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti,A.J.), rendered May 16, 2016. The judgment convicted defendant, upon his plea ofguilty, of robbery in the first degree and attempted robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of robbery in the first degree (Penal Law § 160.15 [4]) and attemptedrobbery in the first degree (§§ 110.00, 160.15 [4]). Contrary todefendant's contention, the record establishes that he knowingly, voluntarily andintelligently waived his right to appeal (see People v Taggart, 124 AD3d 1362, 1362 [4th Dept2015]; see generally People vLopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses his challengeto the severity of the sentence (see Lopez, 6 NY3d at 255; People vHidalgo, 91 NY2d 733, 737 [1998]).
We note that the crimes of conviction listed on the uniform sentence andcommitment form do not correspond with the counts of the indictment under which thosecrimes were charged. The uniform sentence and commitment form incorrectly reflectsthat count three of the indictment charged defendant with robbery in the first degree andcount six of the indictment charged him with attempted robbery in the first degree, butcount three of the indictment charged him with attempted robbery in the first degree andcount six of the indictment charged him with robbery in the first degree. The uniformsentence and commitment form must therefore be amended to correct those clerical errors(see People v Glowacki,159 AD3d 1585, 1586 [4th Dept 2018], lv denied 31 NY3d 1117 [2018]; People v Cruz, 144 AD3d1494, 1495 [4th Dept 2016]). Present—Whalen, P.J., Carni, Curran,Troutman and Winslow, JJ.