Legal Question in Criminal Law in New York
when does a new york state prison sentence start to commence
Asked on 7/25/14, 2:12 pm
1 Answer from Attorneys
New York State Penal Law � 70.30(1) reads:
"� 70.30 Calculation of terms of imprisonment.
"1. An indeterminate or determinate sentence of imprisonment commences when the prisoner is received in an institution under the jurisdiction of the state department of corrections and community supervision."
In other words, the state prison sentence commenced when the sentenced person first arrives at the DOCCS facility. Obviously jail time accumulated before that time will be credited pursuant to Penal Law � 70.30(3).
Answered on 7/25/14, 9:58 pm
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