Unfortunately, the chances are slim. These defenses were an issue pre-sentence, not now.
PRS is mandatory and due to the violent charge, he has to serve 6/7's of the sentence.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
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.
PSR is mandatory.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Eliminating post release will be next to impossible.
You would be well-served to discuss your dilemma with a New York criminal defense attorney in a confidential forum as soon as possible because your time to appeal may disappear.
Save your money as you are not going to get rid of the post-release supervision. He will get out and have to obey the terms of his release or go back to prison. That is what you have to concentrate on, getting him a job and staying away from alcohol, drugs, crime, and criminals.