People v. Bedell

Wesley, J. (concurring).

I concur in the result reached by the majority but believe it necessary to expand upon the discussion of County Court’s ability to set aside defendant’s sentence pursuant to CPL 440.20 (1). Defendant did not question the propriety of her sentence on direct appeal (see, People v Bedell, 94 AD2d 982, lv denied 59 NY2d 971), or in the habeas corpus proceeding in Federal court. Furthermore, defendant seeks relief under CPL 440.20 (1) only.

The dissent acknowledges that the request by defendant for reduction of her sentence is not premised upon a constitutional attack on the…