New York Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

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US-02238BG
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It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Hear this out loud PauseNew York Consolidated Laws, Criminal Procedure Law - CPL § 170.56 Adjournment in contemplation of dismissal in cases involving marihuana.

Hear this out loud PauseSealed Records: Violations and Traffic Infractions (CPL § 160.55) All Traffic Infractions and Violations, except for Driving While Ability Impaired (VTL § 1192(1) and Loitering for the Purpose of Engaging in a Prostitution Offense (PL § 240.37), are sealed under CPL §160.55.

The qualifying records not destroyed or returned to you under CPL 160.50 are sealed meaning that the record still exists and is not physically destroyed, but it is hidden from public inspection.

Hear this out loud PauseGo to the court where your case was heard and get a Certificate of Disposition. If the Certificate of Disposition says that the case is sealed, send the original certificate, along with a letter to the DCJS asking to correct the mistake. Visit DCJS for more information.

A New York post-conviction Criminal Procedure Law (CPL) 440 motion allows a defendant to ask the court to vacate a judgment against him or her or to re-open the case. Because filing a post-conviction CPL 440 motion is complicated, it is crucial to consult an experienced criminal defense attorney.

Hear this out loud PauseSection 160.50 of the Criminal Procedure Law allows for complete sealing of criminal records (within the court, police department and the district attorney=s office) upon a successful written motion to dismiss the accusatory instrument for facial insufficiency.

Types of Pleas Innocent Until Proven Guilty. All persons are presumed innocent until proven guilty. ... Plea of Not Guilty. A plea of not guilty means you are informing the Court that you deny guilt or that you have a good defense in your case. ... Plea of Guilty. ... Plea of Nolo Contendere (No Contest)

The Latin translation of Coram Nobis is ?the errors before us.? The writ of Coram Nobis is filed in a federal court known as the United States District Court when there is an error not presented on the record in the trial court, and the error may have produced a different judgment at trial.

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New York Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify