New York Court of Appeals
The People of the State of New York, Respondent v. William Henry Richardson, Appellant
October 21, 2003100 N.Y.2d 847
Summary
The Court held that a sentencing court lacks inherent power to modify a lawful sentence to make it consecutive to an undischarged term when the original order was silent, as such alteration is barred by CPL 430.10. The order of the Appellate Division was modified, the matter remitted for further proceedings, and the decision affirmed.