Statute:

Notification of invalid sentences of probation

ยง 440.60 Notification of invalid sentences of probation.

Whenever it shall appear to the satisfaction of the appropriate
director of the probation department that a person sentenced pursuant to
article sixty of the penal law has received a sentence which is invalid
as a matter of law, it shall become his duty to notify the district
attorney of the county in which such person was convicted. Upon such
notification, the district attorney shall immediately investigate the
matter and if such sentence of probation is in fact invalid as a matter
of law, the district attorney shall immediately move to set aside such
sentence pursuant to section 440.40 of this chapter.

CPL 440.60 2014-09-22

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