People v. Rivera

The defendant moves pursuant to CPL 440.20 to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. The sole issue raised by the defendant is whether he could properly be sentenced under the Penal Law without first having been examined pursuant to section 81.19 of the Mental Hygiene Law (formerly § 207) where he was charged with a violation of article 220 of the Penal Law.

This is a case of “ second impression ” — the first time this precise issue has been raised in the First Judicial Department.

Subdivision (a) of…