New York statute
N.Y. Criminal Procedure Law § 440.60 — Notification of invalid sentences of probation
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 440: Post-judgment Motions, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 440.60
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
440.60 Notification of invalid sentences of probation.
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.
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