Legal Opinion

Martinez v. Fish

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

Decided July 15, 2008PublishedCited by 2 opinions

1Opinion of the Court

*581In 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…

2Cases cited9 opinions

  1. People v. MinayaNew York Court of Appeals · 1981
  2. People v. WrightNew York Court of Appeals · 1982
  3. Kisloff v. CovingtonNew York Court of Appeals · 1989
  4. People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
  5. People v. RubendallAppellate Division of the Supreme Court of the State of New York · 2004

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. DolderAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. DolderAppellate Division of the Supreme Court of the State of New York · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API