People v. Pruitt
This text of 86 A.D.3d 921 (People v. Pruitt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
86 A.D.3d 921, 926 N.Y.2d 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pruitt-nyappdiv-2011.