N.Y. Criminal Procedure Law § 440.60: Notification of invalid sentences of probation

§ 440.60 Notification of invalid sentences of probation.

Whenever it shall appear to the satisfaction of the appropriate

director of the probation department that a person sentenced pursuant to

article sixty of the penal law has received a sentence which is invalid

as a matter of law, it shall become his duty to notify the district

attorney of the county in which such person was convicted. Upon such

notification, the district attorney shall immediately investigate the

matter and if such sentence of probation is in fact invalid as a matter

of law, the district attorney shall immediately move to set aside such

sentence pursuant to section 440.40 of this chapter.