Morgenthau v. Roberts

In this article 78 proceeding, the District Attorney of New York County seeks a declaration that a sentence of imprisonment imposed on respondent Mazzi, on September 16, 1974 was null and void and that a resentence in accordance with the provisions of section 70.06 of the Penal Law, be directed. Petitioner did not file a timely appeal from the alleged illegal sentence as permitted by CPL 450.20 (subd. 4) and CPL 450.30 (subd. 2) and consequently effectively waived the right to appeal the sentence. However, after the time to appeal had elapsed, a motion was made by the People on November 14,…