Is that double jeopardy ,,,and possible appealable ..because original judge said town court can't give more time,,
Speeding / Traffic Ticket Lawyer
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 , affd 45 NY2d 651 , rearg denied 46 NY2d 940 ).
NY Criminal defense Attorney
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DUI / DWI Attorney
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.
Criminal Defense Attorney
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.
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