Defendant was properly resentenced. The court's sua sponte restoration of the case to the calendar for resentencing after the Department of Correction informed the court that the original concurrent sentence was illegal was the equivalent of a proceeding pursuant to CPL 440.40 to set aside the sentence. Although, as a result of delays attributable to defendant, the actual resentencing did not occur until approximately 15 months after the original sentence was imposed...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.