Legal Question in Criminal Law in New York
Parole
Due to a curfew violation, The person is currently incarcerated and when they attended the final hearing, the parole judge stated that he was illegally sentenced and was charged with a violent felony but should have been given a non-violent charge.He was given a flat 2 when the judge stated he should have received a split bid for a E felony. During sentencing, post-release supervision was never stipulated either. Should he still be incarcerated because he was not released from county jail even when the judge stated he shouldn't even be on parole. What measeures can be taken from here?
1 Answer from Attorneys
Re: Parole
If his sentence was illegal, he can file a motion to be resentenced. There is a provision in the Criminal Procedure Law to correct illegal sentences. You may even be able to get the district attorney to agree and join in the application. You can contact my office for a free consultation. Good luck.
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