New Law Promises Sentence Reductions in New York

For many years now the New York $tate Department of Correctional Services has been exceeding their authority by calculating sentences consecutively with the undischarged term or terms of imprisonment. Recently, the Appellate Court holds (DOC$) may not run predicate sentences consecutive to parole time where sentencing court is silent on that issue.

The decision decided on February 28, 2008, People ex rel. Gill v. Greene, 852 N.Y.S. 2d (3rd Dept), reverses 25 years of caselaw to the contrary and, if implemented, would have sweeping consequences. It would require the recalculations of the sentences of some eight thousand comrades currently serving predicate offender sentences here in the gulags of the N.Y.$. DOCS. Some of those comrades would almost certainly be eligible for immediate release from these gulags if their sentences were calculated under Gill.

The issues about Gill concern the proper interpretation of Penal Law 70.25(1-A) and 70.25(2-A). Penal Law 70.25(1-A) states that when a court sentences a defendant who owes time (parole) on a previously imposed sentence, the court may specify that the new sentence run either “consecutively” or “concurrently” to the parole time, and if the court is silent, the new sentence shall “run concurrently.” Penal Law 70.25(2-A), however, states that when the court finds that the defendant is a predicate offender, it must impose the sentence to run consecutively to the parole time.

Now, where does it state that the N.Y.$. DOCS has the authority to act as a judicial function, and impose consecutive sentences? The only role that the N.Y.$. DOCS has as far as correcting the court’s error is under Correction Law 601-A, which states that wherever it appears to the satisfaction of the warden of any $tate prison based on facts submitted on behalf of a person sentenced and confined in a $tate prison, that any such person who has been erroneously sentences as a second, third or fourth offender, it shall become his duty to communicate with the district attorney of the county in which such person was convicted, and allow the district attorney to take the necessary action for resentencing.

For those that are under lock in a N.Y.$. DOCS and that are being affected by the actions set forth here by the oppressors, I advise you comrades to obtain the keys to stop our oppressors from oppressing us. For many years we’ve been living in the dark due to our own ignorance. The struggle is calling us, believe it or not. Remember that without struggle we have no progress. “Until the lions have their historian, the tale of the hunt will be told by the hunter!” The key to life is knowledge, my comrades, once we obtain that key then we have the authority and power to unlock that door and proceed to walk through the light and shine. It is time for us to unlearn, relearn, and lean again! ARISE

Any questions pertaining to this matter you can reach out to the Prisoners’ Legal Services of New York, 114 Prospect Street, in Ithaca, NY 14850-5616.