My brother was sentenced in county court 25 years for his crime,,,now he went to town court on related case and was added a year

Asked over 2 years ago - Liberty, NY

Is that double jeopardy ,,,and possible appealable ..because original judge said town court can't give more time,,

Attorney answers (3)

  1. 2

    Lawyers agree

    Answered . If your brother is serving a state prison sentence at the time he is sentenced in town court on a misdemeanor case, the 1 year sentence will merge with the state prison sentence and he will not serve any additional time. If your brother has any questions he should ask the attorney who represented him in town court. If you brother wants to appeal either sentence he needs to tell the attorney who represented him. That attorney is required to file a notice of appeal on your brother's behalf so long has the 30 day appeal time has not expired.

  2. 1

    Lawyer agrees

    Answered . In New York, pursuant to CPL 40.40, "the prohibition against separate prosecution of jointly prosecutable offenses applies only if the defendant has requested consolidation thereof for trial purposes and the request is denied" (People v Dean, 56 AD2d 242, 246 [1977], affd 45 NY2d 651 [1978], rearg denied 46 NY2d 940 [1979]).

    Matisyahu Wolfberg
    www.FormerCop.com
    NY Criminal defense Attorney

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

  3. 1

    Lawyer agrees

    Answered . You need to speak with your brother's attorney to learn if if (1) the case in town court was indeed "related to" the case in county court and (2) if the one-year sentence imposed in town court was ordered to be served concurrently with (at the same time as) the 25-year sentence imposed in county court.

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