QUESTION
Can a judge unilaterally change her ruling ?
Asked on Apr 25th, 2011 on Criminal Law - New York
More details to this question:
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?
2 ANSWERS
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Yes, but judges rarely do that. I would dare say you are incorrect it is likely that the prosecution made a motion.
Answered on Mar 19th, 2017 at 5:52 AM
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.
Answered on Apr 27th, 2011 at 1:00 PM