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Can a sentence be modified if jury convicts manslaughter 2nd degree, but the court clerk indicates murder 2nd degree?

New York, NY |

Jury convicts someone of manslaughter 2nd degree, but when the court clerk asks the jury if they are all in agreement he says "murder 2nd degree" and they all agree. No one notices the mistake, including the defendant and his attorney. Years later the mistake comes to light, but the courts deny the defendant's appeal to modify his sentence (he received 25 to life) which should have been 8-16 years. It is obvious a mistake was made which the transcript clearly reveals. any advice you could give would be greatly appreciated. Thank you.

Attorney Answers 1

Posted

This is the kind of error that might be brought through a habeas corpus writ. Lots of added details are needed and no one online can know what is going on in your case because online we cannot find out any of those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. A habeas corpus writ is an action through which a person can seek relief from the unlawful detention of him or herself.

Good luck to you.

God bless.

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