Legal Question in Criminal Law in New York

time?

what type of time does this sentense hold?

220.16 FB (CRIM POSS CONTRL SUBST-3RD B Felony)


Asked on 10/21/08, 9:39 pm

2 Answers from Attorneys

Robert Reuland Law Offices of Robert C. Reuland, P.C.

Re: time?

This is a non-violent B felony and assuming no prior convictions it carries an indeterminate term of 1-3 years on the low end and 8 1/3 to 25 on the high end. Penal Law. Sect. 70.00.

If there is a prior conviction, violent or non-violent, this will change.

Your question says "sentence.' CPCS3 is not a sentence but a charge. If after trial or plea you stand convicted of CPCS3, then the court will sentence you as above or the plea will have to fall within that range.

If you have just been indicted on these charges, the final conviction or plea may be to a lesser count included in the indictment. In other words, even though the charge is very serious (a B felony) you could ultimately face very little time.

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Answered on 10/21/08, 10:36 pm
James Kats James S. Kats, Esq.

Re: time?

The maximum incarceration is 8 and one-third to 25 years.

James S. Kats [email protected]

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Answered on 10/22/08, 8:53 am


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