New York Consolidated Laws

N.Y. Criminal Procedure Law § 430.10 (2026)

Sentence of imprisonment not to be changed after commencement

✓ current as of May 2026

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§ 430.10  Sentence of imprisonment not to be changed after commencement.
  Except as otherwise specifically authorized by law, when the court has
imposed a sentence of imprisonment and such sentence is in accordance
with law, such sentence may not be changed, suspended or interrupted
once the term or period of the sentence has commenced.

Notes of Decisions

Cited in 3 cases, 2003–2012 · leading case: People v. Gammon, 973 N.E.2d 160 (NY 2012).

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People v. Gammon, 973 N.E.2d 160 (NY 2012). “” Defendant argues that the resentencing violated Criminal Procedure Law § 430.10 and his constitutional right under the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution.”

People v. Gammon, 30 Misc. 3d 46 (N.Y. App. Term. 2010). “Criminal Procedure Law § 430.10 (“Sentence of imprisonment not to be changed after commencement”) provides: “Except as otherwise specifically authorized by law, when the court has imposed a sentence of imprisonment and such sentence is in accordance with law, such sentence may…”

People v. Agostini, 2003 NY Slip Op 51728(U) (N.Y. Sup. Kings 2003). “Criminal Procedure Law section 430.10 prohibits a court from altering a commenced incarceration sentence, except where specifically authorized by law ( People v Richardson , 100 NY2d 847 ; Matter of Pirro v Angiolillo , 89 NY2d 351, 356 ; People v Vasquez , 88 NY2d 561, 580-581…”

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