People v. Burney

Summary

The Appellate Division, Fourth Department, reviewed a judgment convicting Khalil Burney upon his guilty plea to attempted criminal possession of a weapon in the second degree. Because the sentencing transcript reflected a twelve-year prison sentence while the certificate of conviction reflected a two-year sentence, the court vacated the sentence and remitted the matter for resentencing, affirming the judgment as modified.

Holdings

1. A court has inherent power to correct its records when the correction concerns a clerical mistake or conforms the record to the truth; because the sentencing transcript and certificate of conviction reflected materially different sentences, the sentence had to be vacated and the matter remitted for resentencing.

Questions Presented

1. Whether the discrepancy between the sentence pronounced in open court and the sentence reflected on the certificate of conviction required correction of the judgment.
2. Whether the sentence should be vacated and the matter remitted for resentencing.

Disposition

remanded