Civil suit after reduced sentence?

[quincy]

So I was sentenced to 3-6 (2 consecutive 1 1/2 to 3). I served 30 months. Appeals court found to be harsh and excessive but within the guideline. Resentenced to 2 concurrent 1 1/2 to 3.

Thank you for explaining more fully what happened, M6476.

Because the original sentences on your felony charges were within the sentencing guidelines, I do not see that you have any legal recourse. You were not wrongfully charged or convicted.

If the shoplifting of sunglasses was from a single shoplifting incident, the felonies (probably) should have been combined and there (probably) should have been a single sentence rather than two consecutive sentences.

That said, even for those who are wrongfully convicted and imprisoned for crimes they did not commit and later released on new evidence, there are no real “do overs.” Time served is time lost and you build from there.

You can, however, speak to an attorney in your area to see what options might be available

Here for informational purposes is a link to the Innocence Project on compensating the wrongfully convicted: https://www.innocenceproject.org/compensating-wrongly-convicted/

And here is a link to New York’s compensation statute:
https://codes.findlaw.com/ny/court-of-claims-act/ctc-sect-8-b.html

Again, however, you apparently were not wrongfully convicted.

 

[HighwayMan]

The grand larceny charges were from shoplifting sunglasses from the mall ($1009 & $1078) the original charges were the same as what I plead guilty to - 2 class E grand larceny charges. However, all of this doesn't seem relevant now that the higher court already ruled.

Did both charges arise from the same incident or were they separate?

I'd be more angry at my attorney (or myself if I didn't get one) for not getting at least one of the charges reduced to a misdemeanor.

This obviously did not occur in New York City.

 

[quincy]

Did both charges arise from the same incident or were they separate?
...
This obviously did not occur in New York City.

Obvious, how?

 

[HighwayMan]

Obvious, how?

Based upon the sentence.

Unless, of course, the OP has a very bad criminal history.

 

[quincy]

Based upon the sentence.

Unless, of course, the OP has a very bad criminal history.

It seems to me (based on the little said) that the shoplifting should have been charged as a single class E felony (grand larceny over $1000/under $3000), regardless of where in the state it was charged.

I agree that, if M6476 had an attorney, the attorney appears to have failed in helping with a defense.

 

[M6476]

Ok, larceny charges were 2 separate incidences 20 hours apart... I originally tried to see if it could be considered an ongoing crime so that they would have to run the sentences concurrent but it didn't happen. Also, I plead guilty because they originally gave me a suspended sentence. Which doesn't change the fact that I did more time than I should have according to appeals court...

 

[quincy]

Ok, larceny charges were 2 separate incidences 20 hours apart... I originally tried to see if it could be considered an ongoing crime so that they would have to run the sentences concurrent but it didn't happen. Also, I plead guilty because they originally gave me a suspended sentence. Which doesn't change the fact that I did more time than I should have according to appeals court...

Thank you again for more fully explaining.

I do not see that you can be successful with a lawsuit. You can speak to an attorney in your area for a personal review, though.

 

[M6476]

Also, for your entertainment... The judge who took my plea of guilty and gave me my suspended sentence had to retire at 70 or whatever the age is.... Took the job as the public defender of Albany county... And during my subsequent sentence I was represented by his office by an ADA. Obvious conflict of interest that was not recognized by the court, da's office or public defenders office.

 

[quincy]

Also, for your entertainment... The judge who took my plea of guilty and gave me my suspended sentence had to retire at 70 or whatever the age is.... Took the job as the public defender of Albany county... And during my subsequent sentence I was represented by his office by an ADA. Obvious conflict of interest that was not recognized by the court, da's office or public defenders office.

Interesting.

I hope you have now found a legally healthier path for your life.

 

[Taxing Matters]

And during my subsequent sentence I was represented by his office by an ADA. Obvious conflict of interest that was not recognized by the court, da's office or public defenders office.

That's because it's not an actual conflict of interest.

 

[quincy]

That's because it's not an actual conflict of interest.

Well ... if you want to quibble. Haha.

 

[HighwayMan]

You were not represented by an an ADA.

 

[quincy]

You were not represented by an an ADA.

I think M6476 was referring to the change in position from ADA to public defender.

 

[HighwayMan]

I think M6476 was referring to the change in position from ADA to public defender.

I must be missing something. OP doesn't explain himself well at times.

He's complaining that a former ADA was his PD?

 

[quincy]

I must be missing something. OP doesn't explain himself well at times.

He's complaining that a former ADA was his PD?

Well ... now I actually am not sure. On a reread it sounds more like the original judge retired and became his public defender. I don’t know who the ADA is.