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In New York State, when sentenced for a Class C felony, does the probation portion of a sentence run concurrent with jail time?

New York, NY |

Convicted of 2 Class C felonies, received a sentence of flat 3 1/2 years to be served concurrent on each charge plus 5 years probation. I read somewhere that a 5 year probation was mandatory for all NYS felonies, and always runs concurrent with jail time. Is this correct?:

Felonies- a judge can sentence a person to jail and five years probation to be served concurrently. (if probation and jail are imposed, probation is always served concurrently with jail time. Thus, in essence, time served is considered time on probation.) Upon release from jail, the person completes the balance of the five year probation.
Notes: If a person is sentenced to more than 6 months in jail, then according to the law, no probation can be imposed. This applies regardless of the degree of the felony."

Attorney Answers 5


  1. The sentence was probably 3 1/2 years in jail with 5 years of post release supervision. This is different than probation and the five years does not start running until the person is released from jail.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  2. I think you mean Post Release Supervision. It starts after release from jail.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. It's post-release supervision, also known as parole. It runs consecutive and not concurrent and 5 years is not mandatory for a 1st offense.

    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  4. The word "plus" should answer your question. He relly received 5 years post realease supervision , which is basically the same thing as probation but is really a type of parole.


  5. The sentence is for a flat 3 1/2 year sentence of which 85% must be served. The five years is post release and is not concurrent. It is an additional 5 year period of reporting upon being released from corrections.

    The advice I have given does not bind the parties in any manner and is merely given as a courtesy.

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