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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  7+ years defending Misdemeanor and Felony cases.
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Hello....In New York state is it possible to apply for a

Resolved Question:

Hello....In New York state is it possible to "apply" for a conditional discharge AFTER a person has been sentenced to jail time and has served a portion of that time? Thank you...
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.

The plea would have to be vacated and the case opened up again. Unless there is a legal reason, it is unlikely the court would do so. A conditional discharge, should have been addressed prior to sentencing, as that is the prior purpose and what it applies to.

 

 

§ 65.05 Sentence of conditional discharge.
1. Criteria. (a) Except as otherwise required by section 60.05, the
court may impose a sentence of conditional discharge for an offense if
the court, having regard to the nature and circumstances of the offense
and to the history, character and condition of the defendant, is of the
opinion that neither the public interest nor the ends of justice would
be served by a sentence of imprisonment and that probation supervision
is not appropriate.
(b) When a sentence of conditional discharge is imposed for a felony,
the court shall set forth in the record the reasons for its action.
2. Sentence. Except to the extent authorized by paragraph (d) of
subdivision two of section 60.01 of this chapter, when the court imposes
a sentence of conditional discharge the defendant shall be released with
respect to the conviction for which the sentence is imposed without
imprisonment or probation supervision but subject, during the period of
conditional discharge, to such conditions as the court may determine.
The court shall impose the period of conditional discharge authorized by
subdivision three of this section and shall specify, in accordance with
section 65.10, the conditions to be complied with. If a defendant is
sentenced pursuant to paragraph (e) of subdivision two of section 65.10
of this chapter, the court shall require the administrator of the
program to provide written notice to the court of any violation of
program participation by the defendant. The court may modify or enlarge
the conditions or, if the defendant commits an additional offense or
violates a condition, revoke the sentence at any time prior to the
expiration or termination of the period of conditional discharge.
3. Periods of conditional discharge. Unless terminated sooner in
accordance with the criminal procedure law, the period of conditional
discharge shall be as follows:
(a) Three years in the case of a felony; and
(b) One year in the case of a misdemeanor or a violation.
Where the court has required, as a condition of the sentence, that the
defendant make restitution of the fruits of his or her offense or make
reparation for the loss caused thereby and such condition has not been
satisfied, the court, at any time prior to the expiration or termination
of the period of conditional discharge, may impose an additional period.
The length of the additional period shall be fixed by the court at the
time it is imposed and shall not be more than two years. All of the
incidents of the original sentence, including the authority of the court
to modify or enlarge the conditions, shall continue to apply during such
additional period.

CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16433
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 5 other Criminal Law Specialists are ready to help you

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