State Ex Rel. Rhoden v. Chapman

It is beyond the power of a court of criminal jurisdiction, after'the adjournment o‘f the term of court at which a sentence to imprisonment is. imposed upon .one adjudged guilty of felony, to set aside, vacate or annul it or to change it in any substantial respect to defendant’s prejudice absent the defendant’s consent, unless it is done pursuant to appropriate proceedings for resentence. People v. Sullivan, 54 Misc. 489, 106 N. Y. S. 143.

But where, at the request of a convicted defendant, or at his instance or approval given during the same term at which a criminal sentence is imposed, the…