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People v. Jason

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 760 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the Supreme Court, Kings County (Firetog, J.).


Ordered that the amended sentence is affirmed.

Contrary to the defendant's contentions, the Supreme Court possessed the inherent power to correct the defendant's original sentence, which was illegal as the result of fraud and misrepresentation ( see, Matter of Lockett v. Juviler, 65 N.Y.2d 182; Matter of Klein v. Cowhey, 161 A.D.2d 643). Moreover, there is no merit to the defendant's contention that he had a legitimate expectation in the finality of the original sentence ( see, People v. Todd, 183 A.D.2d 861; cf., Stewart v. Scully, 925 F.2d 58; People v. Hoppie, 220 A.D.2d 528).

Mangano, P.J., Bracken, Copertino, Sullivan and McGinity, JJ., concur.


Summaries of

People v. Jason

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 760 (N.Y. App. Div. 1997)
Case details for

People v. Jason

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO JASON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1997

Citations

240 A.D.2d 760 (N.Y. App. Div. 1997)
660 N.Y.S.2d 143

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