Can a clerk who failed to follow section 480 of the Code of Criminal Procedure in making a motion for reinstatement of a conviction for sexual assault be found guilty of the same offence?

Even assuming, arguendo, that the clerk failed to follow the requirements of section 480 of the code, such omission would not ipso facto vitiate the conviction. It would merely require the recall of the defendant for the imposition of a legal judgment. (People v. Nesce, 201 N.Y. 111.) However, in the absence of conclusive proof of a noncompliance with section 480 of the Code of Criminal Procedure, this court must likewise sustain the regularity of the proceedings had against the defendant at the time of the imposition of judgment.