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.
Structure New York Laws
Part 2 - The Principal Proceedings
Title M - Proceedings After Judgment
Article 440 - Post-Judgment Motions
440.10 - Motion to Vacate Judgment.
440.20 - Motion to Set Aside Sentence; by Defendant.
440.30 - Motion to Vacate Judgment and to Set Aside Sentence; Procedure.
440.40 - Motion to Set Aside Sentence; by People.
440.46 - Motion for Resentence; Certain Controlled Substance Offenders.
440.46-A - Motion for Resentence; Persons Convicted of Certain Marihuana Offenses.
440.47 - Motion for Resentence; Domestic Violence Cases.
440.50 - Notice to Crime Victims of Case Disposition.
440.60 - Notification of Invalid Sentences of Probation.
440.65 - Notice to Child Protective Agency of Conviction for Certain Crimes Against a Child.
440.70 - Notice to the Secretary of State When False Financing Statement Filed.