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MATTER OF MORGENTHAU v. ROBERTS

47 A.D.2d 826 (1975)

In the Matter of Robert M. Morgenthau, as District Attorney of The County of New York, Petitioner, v. Burton B. Roberts, Individually and as a Justice of the Supreme Court of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 1975

Petitioner did not file a timely appeal from the alleged illegal sentence as permitted by CPL 450.20 (subd. 4) and CPL 450.30 (subd. 2) and consequently effectively waived the right to appeal the sentence. However, after the time to appeal had elapsed, a motion was made by the People on November 14, 1974 pursuant to CPL 440.40 to set aside the sentence upon the ground that it was invalid as a matter of law. That motion was denied...

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