People v. Burney (Appeal No. 2)
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Attorneys and Parties
Brief Summary
Criminal sentencing procedure and correction of an inconsistent sentencing record.
Erie County Court convicted defendant, upon his guilty plea, of attempted criminal possession of a weapon in the second degree under Penal Law §§ 110.00, 265.03 (3) [attempted criminal possession of a weapon in the second degree] and imposed sentence.
The Appellate Division vacated the sentence and modified the judgment, while otherwise affirming the conviction.
The sentencing transcript reflected a 12-year prison sentence, but the certificate of conviction reflected a 2-year prison sentence. Because the record contained a clerical-type discrepancy that had to be conformed to the truth, the matter was remitted for resentencing.
Background
Defendant pleaded guilty in Erie County Court to attempted criminal possession of a weapon in the second degree under Penal Law §§ 110.00, 265.03 (3) [attempted criminal possession of a weapon in the second degree]. On appeal, the court identified a conflict between the oral pronouncement at sentencing, which stated a prison term of 12 years, and the certificate of conviction, which listed a 2-year prison term.
Lower Court Decision
Erie County Court entered judgment on February 10, 2023, convicting defendant on his guilty plea and sentencing him on the weapon-possession attempt charge. The written certificate of conviction did not match the sentence pronounced in open court.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment by vacating the sentence and remitting the matter to Erie County Court for resentencing. The court relied on the principle that courts have inherent power to correct clerical errors in the record so that the record conforms to the truth. In light of that disposition, defendant's remaining contentions were deemed academic.
Legal Significance
This decision underscores that when a criminal record contains a material inconsistency between the sentencing transcript and the certificate of conviction, the proper remedy is to vacate the sentence and remit for resentencing or correction so the official record accurately reflects the court's actual sentence.
A discrepancy between the oral sentence and the written certificate of conviction is a serious record error; the sentence may be vacated and the case sent back for resentencing to ensure the judgment accurately states the sentence imposed.