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48 A.D.3d 330

People v. Wells

Appellate Division of the Supreme Court of the State of New York · decided 2008-02-26

Decided 2008-02-26

¶1Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered January 3, 2007, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 15 years, unanimously modified, on the law, to the extent of amending the sentence and commitment sheet to strike the reference to sentencing as a second felony offender, and otherwise affirmed.

¶2Although the record does not establish that defendant’s waiver of the right to appeal was valid, we perceive no basis for *331reducing the sentence. The People concede that the commitment sheet should be amended to the extent indicated in order to correct the clerical error stating that defendant was sentenced as a second felony offender. Concur—Lippman, P.J., Tom, Nardelli, Catterson and Moskowitz, JJ.

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