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People v. Campo

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 2003
308 A.D.2d 406 (N.Y. App. Div. 2003)

Opinion

1656

September 30, 2003.

Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about September 13, 2000, which denied defendant's motion pursuant to CPL 440.20, to set aside a sentence imposed pursuant to a judgment rendered January 5, 1996, unanimously affirmed.

Alice Wiseman, for respondent.

Katheryne M. Martone, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ.


The court properly denied defendant's motion to vacate his sentence, in which defendant alleged that an inaccurate statement appeared in his presentence report, since the sentence was not "unauthorized, illegally imposed or otherwise invalid as a matter of law" (CPL 440.20). The sentencing court had acknowledged the inaccuracy, which clearly had no effect on defendant's sentence (see People v. Karlas, 208 A.D.2d 607). Although defendant asserts that the inaccuracy might have an adverse impact on his eligibility for prison programs or parole, there is nothing in CPL 440.20 that provides a remedy for such a situation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Campo

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 2003
308 A.D.2d 406 (N.Y. App. Div. 2003)
Case details for

People v. Campo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN CAMPO, ETC.…

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

Date published: Sep 30, 2003

Citations

308 A.D.2d 406 (N.Y. App. Div. 2003)
764 N.Y.S.2d 816

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