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PEOPLE v. BRIMS

2011-02575.

95 A.D.3d 899 (2012)

942 N.Y.S.2d 881

2012 NY Slip Op 3457

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY LEE BRIMS, JR., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.

Ordered that the resentence is affirmed.

Contrary to the defendant's contention, his prior motion, in effect, pursuant to CPL 440.20, to vacate his illegal sentence, which he subsequently, in effect, withdrew, did not divest the County Court of its authority to correct a "Sparber error" (People v Lingle, 16 N.Y.3d 621, 629 [2011]; see People v Sparber,

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