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Penal Law § 70.30 provides a method for calculating an inmate’s sentence when he or she is serving more than one determinate or indeterminate sentence. As relevant here, pursuant [*2]to that statute, the minimum terms of the indeterminate sentences and the term of the determinate sentence are added together to arrive at an aggregate maximum term of imprisonment (see Penal Law § 70.30[1][d]). The Court of Appeals, in a decision made in the context of the Sex Offender Registration Act (hereinafter SORA), reasoned that “[a]lthough the primary function of [Penal Law § 70.30 was] to allow for the ready calculation of parole eligibility, . . . it [was] reasonable to apply section 70.30 to the question of whether a prisoner who has been given multiple sentences is subject to all his [or her] sentences for the duration of his [or her] term of imprisonment” (People v Buss, 11 NY3d 553, 557). The Court concluded that “[u]nderlying Penal Law § 70.30 is the proposition that concurrent sentences and consecutive sentences yield single sentences, either by merger [in the case of concurrent sentences] or by addition [in the case of consecutive sentences]” (id. at 557). The Court went on to hold that “for SORA purposes a prisoner serving multiple sentences is subject to all the sentences, whether concurrent or consecutive, that make up the merged or aggregate sentence he [or she] is serving” (id. at 557-558).

 

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future. Changes in the law could at any time make parts of this web site content obsolete.  Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY SHOULD BE CONSULTED.

 

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