People v. Wright, 56 N.Y.2d 613 (1982)

A trial court has the inherent power to correct its own inadvertent errors made during sentencing, even when the error is brought to the court’s attention by the District Attorney.

Summary

Defendant Wright pleaded guilty to second-degree burglary, understanding his sentence would run consecutively to a prior sentence as required by law. At sentencing, the judge mistakenly stated it would run concurrently. A year later, the error was discovered, and the court, acting sua sponte, resentenced Wright to the correct consecutive term. The Court of Appeals affirmed the resentencing, holding that the trial court possessed the inherent power to correct its own inadvertent error made during the initial sentencing. CPL 440.40, which imposes a one-year limit on the People’s motion to set aside a sentence, does not restrict the court’s inherent power to correct its own mistakes.

Facts

Wright agreed to plead guilty to second-degree burglary, understanding the sentence would be consecutive to a prior sentence, as mandated by New York Penal Law § 70.25(2-a). However, at the sentencing hearing, the trial judge mistakenly stated that the sentence would run concurrently with the prior sentence.

Procedural History

Approximately twelve months after the initial sentencing, a clerk at the correctional facility noticed the sentencing error and notified the District Attorney and defense counsel. The District Attorney brought the error to the court’s attention. The court then, acting sua sponte, resentenced Wright to a consecutive term of imprisonment. The Appellate Division affirmed, and Wright appealed to the New York Court of Appeals.

Issue(s)

1. Whether a trial court has the inherent power to correct its own inadvertent error made during sentencing, even after a significant period of time has elapsed.
2. Whether CPL 440.40 restricts the court’s inherent power to correct its own sentencing errors when the error is brought to the court’s attention by the People.

Holding

1. Yes, because the court’s inherent power extends to correcting inadvertent errors, as established in People v. Minaya, even when a statement creates “apparent ambiguity” but is “plainly, the result of some inadvertence.”
2. No, because CPL 440.40 is intended as a limitation on the People’s ability to move to set aside an illegal sentence and does not restrict the court’s inherent ability to correct its own errors.

Court’s Reasoning

The Court of Appeals relied on its prior decision in People v. Minaya, which affirmed the trial court’s inherent power to correct sentencing errors resulting from inadvertence. The court quoted Bohlen v. Metropolitan El. Ry. Co., stating this power applies to errors that are “plainly, the result of some inadvertence on his [the Judge’s] part, and which our reason tells us is a mere mistake.” The court found the trial judge misspoke in imposing a concurrent sentence. The fact that the District Attorney brought the error to the court’s attention did not negate the court’s inherent power to correct it. The court stated that CPL 440.40 was intended as a companion to CPL 440.20, which allows a defendant to move to set aside an invalid sentence at any time. The one-year limitation in CPL 440.40 is designed to restrict the People’s ability to challenge an illegal sentence, not to restrict the court’s power to correct its own errors. The court reasoned that CPL 440.40 pertains only to situations where a sentence is “invalid as a matter of law” and not to cases involving judicial mistakes.