People v. Jiminez

These are four separate proceedings brought by the four defendants involved to set aside the sentences heretofore imposed upon them under section 75.20 of the Penal Law. One of the defendants, Jiminez, attempted to proceed by habeas corpus. However, Special Term treated the application as one for resentence under GPL 440.20 and referred it to the arraignment part for disposition. The other three defendants, all represented by the same counsel, adopted the procedure suggested at Special Term, and moved directly in the arraignment part.

Inasmuch as there is no contention that the sentences were…