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.
A New York Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution is a legal document filed by an attorney on behalf of a defendant who seeks a reduction of their sentence based on their cooperation in another prosecution. This type of affidavit serves as a formal and detailed account of the defendant's assistance in another case, which can be a crucial factor in advocating for a reduced sentence. By providing this affidavit, the attorney aims to convince the court of the defendant's valuable cooperation and the impact it has had on the successful outcome of another prosecution. Keywords: New York Affidavit, attorney for defendant, support of motion, reduction of sentence, defendant's assistance, another prosecution, modify. Types of New York Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution: 1. Affidavit detailing the defendant's substantial assistance in a high-profile prosecution: This type of affidavit is used when the defendant has provided significant aid in a well-known prosecution, such as assisting with information regarding a major crime or cooperating in the prosecution of a prominent individual. The attorney highlights how the defendant's assistance contributed to the successful outcome, emphasizing the potential impact on reducing their sentence. 2. Affidavit highlighting the defendant's lesser-known cooperation in multiple prosecutions: In cases where the defendant has cooperated in multiple prosecutions or provided crucial assistance in lesser-known cases, this type of affidavit is used. The attorney presents a comprehensive record of the defendant's cooperation, outlining the details of each case and how their assistance has strengthened the criminal justice system overall. The attorney aims to demonstrate the defendant's ongoing commitment to aiding law enforcement agencies and the potential for sentence reduction based on their cumulative contributions. 3. Affidavit showcasing the defendant's unique expertise or knowledge that benefits another prosecution: Sometimes, defendants possess specialized knowledge, skills, or insights that are invaluable in specific types of prosecutions. This affidavit focuses on how the defendant's distinct expertise has assisted authorities in solving complex cases or shedding new light on previously unsolved crimes. The attorney highlights the defendant's rare abilities and the direct correlation between their assistance and the successful prosecution, emphasizing the grounds for a reduction in sentence. 4. Affidavit emphasizing the defendant's willingness to testify and provide credible evidence against co-defendants: In cases where the defendant has made a significant impact by providing credible testimony against co-defendants, this type of affidavit is utilized. The attorney details the defendant's cooperation, including their willingness to testify in court, credibility as a witness, and the substantial role their testimony played in securing convictions. By emphasizing the importance of the defendant's assistance in the successful prosecution of others, the attorney seeks to persuade the court to reduce the defendant's sentence as a reward for their cooperation. In summary, a New York Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution is a crucial legal document that highlights the defendant's cooperation in another case, aiming to secure a reduced sentence. The content of the affidavit may vary based on the nature and impact of the defendant's assistance, as well as the unique circumstances of each case.
