PEOPLE v. JASON (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Francisco JASON, Appellant.

Decided: June 30, 1997

Before MANGANO, P.J., and BRACKEN, COPERTINO, SULLIVAN and McGINITY, JJ.

Daniel L. Greenberg, New York City (William Ramos, of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Monique Ferrell, of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (Firetog, J.), imposed April 4, 1995, on the ground that it is illegal.

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, 490 N.Y.S.2d 764, 480 N.E.2d 378; Matter of Klein v. Cowhey, 161 A.D.2d 643, 555 N.Y.S.2d 420). 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, 586 N.Y.S.2d 528; cf., Stewart v. Scully, 925 F.2d 58; People v. Hoppie, 220 A.D.2d 528, 632 N.Y.S.2d 33).

MEMORANDUM BY THE COURT.

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