Legal Question in Criminal Law in New York

changing consecutive cases to concurent

I'm asking this question regrading my fiance. He was sentenced to 5 1/2 years in prison in 1993 for three armed robbery cases. The court promised to run the cases concurrent, yet they induced him into a guilty plea than mad the sentences consecutive. he served his time , no new cases and is currently on parole until 2007. After reviewing sentencing minutes the court promised that they would run case all concurrent that did not happen, is there a way we can get this changed from consecutive to concurrent so he can get off parole. He has all of the documentation we feel he has a strong case. Any suggestions, is this something we can pursue?


Asked on 12/15/03, 3:59 pm

2 Answers from Attorneys

Re: changing consecutive cases to concurent

You may be able to make a motion to correct the judgment of conviction to reflect concurrent time versus consecutive time and then take that corrected judgment to parole. In addition, this seems like a pretty big screw-up. Why didn't your fiance do anything about it while he was in jail. I wonder if he has a false imprisionment claim? If you want to discuss, please call me at 212-622-7180.

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Answered on 12/15/03, 4:12 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: changing consecutive cases to concurent

This is not the first time I have worked on a case like this. The most famous case is, of course, the jewish spy jonathan pollard. He got life in a maximum security cell after taking a plea bargain for 15 years.

Pollard's problem is that politics are keeping him in jail. Your friend will not have this problem. The original District Attorney is likely in private practice by now.

The transcript is excellent evidence that your friend is the victim of a 'transcription error'.

The correct motion is to 'vacate the sentence pursuant to re-sentencing'. the motion is made on notice to the same court which sentenced him.

Please feel confidant that this motion has an excellent chance of success.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/16/03, 1:16 pm


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