People v. Acevedo

Nardelli, J. (dissenting).

Since 2001, defendant has, at all times, been a convicted felon. His 2001 conviction has never been vacated. CPL 440.20, pursuant to which defendant moved for resentencing, concerns only sentence. The caption of the section reads, “Motion to set aside sentence-, by defendant” (emphasis added). The first paragraph of Professor Preiser’s Practice Commentaries immediately following the section recites, “This motion deals solely with the sentence and has no *261affect [sic] upon the underlying conviction.” (McKinney’s Cons Laws of NY, Book 11A.) The difference between a…