People v. Campo

Appellate Division of the Supreme Court of New York

People v. Campo

308 A.D.2d 406, 764 N.Y.S.2d 816, 2003 N.Y. App. Div. LEXIS 9915

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 2003

StatusPublished

Cited by2 cases

This text of 308 A.D.2d 406 (People v. Campo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Campo, 308 A.D.2d 406, 764 N.Y.S.2d 816, 2003 N.Y. App. Div. LEXIS 9915 (N.Y. Ct. App. 2003).

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Opinion

—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 pur[407]*407suant to a judgment rendered January 5, 1996, unanimously affirmed.

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 [1]). The sentencing court had acknowledged the inaccuracy, which clearly had no effect on defendant’s sentence (see People v Karlas, 208 AD2d 767 [1994]). 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. Concur — Nardelli, J.P., Mazzarelli, Andrias, Ellerin and Marlow, JJ.

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—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 pur[407]*407suant to a judgment rendered January 5, 1996, unanimously affirmed.

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 [1]). The sentencing court had acknowledged the inaccuracy, which clearly had no effect on defendant’s sentence (see People v Karlas, 208 AD2d 767 [1994]). 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. Concur — Nardelli, J.P., Mazzarelli, Andrias, Ellerin and Marlow, JJ.

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Bluebook (online)

308 A.D.2d 406, 764 N.Y.S.2d 816, 2003 N.Y. App. Div. LEXIS 9915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-campo-nyappdiv-2003.

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