People v Pruitt
2011 NY Slip Op 05753 [86 AD3d 921]
July 1, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2011


The People of the State of New York, Respondent, v Willie J. Pruitt, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (Eric M. Dolan of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered December 3, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in or near school grounds (Penal Law § 220.44 [2]). Contrary to defendant's contention, the sentence is not unduly harsh or severe. We note however, that the certificate of conviction incorrectly recites that defendant was convicted of criminal sale of a controlled substance in the third degree under Penal Law § 220.39 (1), and it must therefore be amended to reflect that he was convicted of criminal sale of a controlled substance in or near school grounds under Penal Law § 220.44 (2) (see People v Saxton, 32 AD3d 1286 [2006]). Present—Scudder, P.J., Smith, Peradotto, Lindley and Green, JJ.