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."