Legal Opinion

People v. Wheeler

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 2008No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

*1231Memorandum: In each appeal, defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). Although defendant is correct that the sentence imposed in each appeal does not correspond to County Court’s sentencing commitment, we conclude that the error was ministerial, “it being clear from the plea minutes that the court inadvertently transposed the sentences it intended to impose” (People v Rodriguez, 216 AD2d 40, 41 [1995], lv denied 86 NY2d 874 [1995]). We therefore modify the judgment in…

2Cases cited1 opinion

  1. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 2008

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