Legal Question in Criminal Law in New York
Hello,
4 years ago my brother was charged with attempted burglary 2nd degree. He's sentence was for 3 years in prison and 5 years post release supervision. Was his sentence illegal? He was told by the Lady who screens the drug and alcohol tests that it was an illegal sentence and that he should get it fixed. She said it was illegal because your not suppose to get more post release supervision then time in prison. If it is illegal how can he fix it?
Asked on 1/12/10, 1:28 pm
1 Answer from Attorneys
Stuart Austin
Austin Law Associates, PC
5 years post release supervision is not an illegal sentence on a violent felony. However, it must be imposed by a judge not parole or DOCS.
Answered on 1/17/10, 6:36 pm
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