Section 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.