People v Naffky
2007 NY Slip Op 10211 [46 AD3d 1353]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


The People of the State of New York, Respondent, v Michael Naffky, Appellant.

[*1] David J. Pajak, Alden, for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered August 17, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Although we affirm the judgment of conviction, we note only that the certificate of conviction incorrectly reflects that defendant was sentenced on May 17, 2006, and it must therefore be amended to reflect that he was sentenced on August 17, 2006 (see generally People v Saxton, 32 AD3d 1286 [2006]). Present—Hurlbutt, J.P., Gorski, Martoche, Lunn and Peradotto, JJ.