Opinion
2012-05-1
The PEOPLE, etc., respondent, v. Jerry Lee BRIMS, Jr., appellant.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Rockland County (Apotheker, J.), imposed February 16, 2011, which, upon his conviction of manslaughter in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, imposed periods of postrelease supervision in connection with his convictions of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree in addition to the concurrent determinate terms of imprisonment previously imposed on September 27, 2000.
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, 926 N.Y.S.2d 4, 949 N.E.2d 952; see People v. Sparber, 10 N.Y.3d 457, 859 N.Y.S.2d 582, 889 N.E.2d 459) upon notice from the Department of Corrections and Community Supervision pursuant to Correction Law § 601–d. It was within the trial court's inherent power to correct the error made at sentencing ( see People v. Williams, 14 N.Y.3d 198, 212, 899 N.Y.S.2d 76, 925 N.E.2d 878, cert. denied ––– U.S. ––––, 131 S.Ct. 125, 178 L.Ed.2d 242; People v. Richardson, 100 N.Y.2d 847, 852–853, 767 N.Y.S.2d 384, 799 N.E.2d 607; People v. Wright, 56 N.Y.2d 613, 614, 450 N.Y.S.2d 473, 435 N.E.2d 1088; People v. Minaya, 54 N.Y.2d 360, 364, 445 N.Y.S.2d 690, 429 N.E.2d 1161, cert. denied 455 U.S. 1024, 102 S.Ct. 1725, 72 L.Ed.2d 144). A Sparber error “ ‘amounts only to a procedural error ... which the sentencing court [can] easily remedy’ ” ( People v. Lingle, 16 N.Y.3d at 634, 926 N.Y.S.2d 4, 949 N.E.2d 952 [emphasis omitted], quoting People v. Sparber, 10 N.Y.3d at 472, 859 N.Y.S.2d 582, 889 N.E.2d 459).