Can a judge unilaterally change her ruling ? 4 Answers as of April 29, 2011

Can a judge unilaterally change her ruling on a sentence that she has already ruled on previously in order to lessen the sentence when there are no clerical or legal mistakes? If so, what section of the penal code is it?

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Yes, but judges rarely do that. I would dare say you are incorrect it is likely that the prosecution made a motion.
Answer Applies to: New York
Replied: 5/9/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However the judge has discretion in sentencing to lessen a sentence provided it does not violate the terms of the plea bargaining agreement. If the conviction was after a trial, the judge also has certain discretion regarding sentencing.
Answer Applies to: New York
Replied: 4/29/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
A judge cannot change a sentence that is legally imposed, but you can make a 440.10 motion to vacate the judgment of conviction and re-sentence. This would require some irregularity, new evidence, due process violation, or other reason as stated by the statute. It is about $3,000-$5,000 and takes several months to draft and have scheduled.I have made many successful 440.10 motions, but they are difficult and require a good reason for a judge to vacate a conviction.
Answer Applies to: New York
Replied: 4/29/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
To the best of my knowledge, a Judge cannot change a sentence once it has been passed upon by her. I believe they lose their jurisdiction once sentence has been imposed. However, also in my experience, many Judges do what they please and it will only be reversed if the new sentence is appealed by the People, since it appears from your question that the sentence was reduced after being initially imposed. I don't have a specific statute for you, however, you can check the CPL which is the Criminal Procedure Law. Good luck.
Answer Applies to: New York
Replied: 4/27/2011
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