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: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
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.
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)
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.
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.
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.