Legal Question in Criminal Law in New York

Appeals
I just have some questions about my father getting released from jail. He is currently in a minimum, serving a sentence he shouldn't even be serving, but he pleaded guilty for something he didn't do, because of pressure from the Attorney General. He appealed in April, and his appeal made it to Albany, NY, but then got denied. At the bottom of the denial it said that he couldn't apply again until October of 2009. I was under the impression that the limit in New York State was three months to re-apply, is the limit they gave even legal?.

Also, his minimum allows for three programs to get out early. One where they teach you construction, (which they won't let him do because they know he used to run his own construction company.) One for drug problems, like a rehabilitation (but they know that he doesn't have any of those.) And the last program is for getting your GED (which they won't allow him to do because they know he already has it. There is a fourth which is to complete 400 work hours, which he did, and got denied. Is it legal for them to work with him to make one of the programs work, so he can be released?.

Asked on 7/03/08, 10:44 pm

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

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Re: Appeals

You need to hire a post conviction relief lawyer and probably file an Article 78 motion on your dad's behalf.

If you want to speak to me about this matter, please contact me through the links provided below.

I am sorry for your dad's troubles. Good luck.

Answered on 7/04/08, 12:12 am

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