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IN RE: Jorge MARTINEZ, appellant, v. Katherine FISH, etc., respondent.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent dated June 3, 2006, which calculated the length of the petitioner's sentence of imprisonment, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Cacace, J.), entered December 7, 2006, which denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, without costs or disbursements.
A court has the inherent power to correct a sentence more than a year after it has been imposed “where the record demonstrates that the Judge merely misspoke in imposing sentence or it is clear from the record that a patent clerical error has been made in imposing sentence” (Matter of Kisloff v. Covington, 73 N.Y.2d 445, 450, 541 N.Y.S.2d 737, 539 N.E.2d 565 [citations omitted]; see 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, 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; People ex rel. Hirschberg v. Orange County Ct., 271 N.Y. 151, 156, 2 N.E.2d 521; People v. Rubendall, 4 A.D.3d 13, 17, 772 N.Y.S.2d 346; People v. Ruiz, 226 A.D.2d 747, 641 N.Y.S.2d 692; People v. Riggins, 164 A.D.2d 797, 559 N.Y.S.2d 535). Here, the sentencing court properly exercised its inherent power to correct the alleged discrepancy between the stenographic minutes of the sentencing proceeding and the original order of commitment by entering an amended order of commitment (see Matter of El-Aziz v. Goord, 27 A.D.3d 861, 862, 811 N.Y.S.2d 181; People ex rel. Davidson v. Kelly, 193 A.D.2d 1140, 1141, 600 N.Y.S.2d 658).
The petitioner's remaining contentions are without merit.
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Decided: July 15, 2008
Court: Supreme Court, Appellate Division, Second Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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