For many years now the New York $tate Department of Correctional
Services has been exceeding their authority by calculating sentences
consecutively with the undischarged term or terms of imprisonment.
Recently, the Appellate Court holds (DOC$) may not run predicate
sentences consecutive to parole time where sentencing court is silent on
that issue.
The decision decided on February 28, 2008, People ex rel. Gill v.
Greene, 852 N.Y.S. 2d (3rd Dept), reverses 25 years of caselaw to the
contrary and, if implemented, would have sweeping consequences. It would
require the recalculations of the sentences of some eight thousand
comrades currently serving predicate offender sentences here in the
gulags of the N.Y.$. DOCS. Some of those comrades would almost certainly
be eligible for immediate release from these gulags if their sentences
were calculated under Gill.
The issues about Gill concern the proper interpretation of Penal Law
70.25(1-A) and 70.25(2-A). Penal Law 70.25(1-A) states that when a court
sentences a defendant who owes time (parole) on a previously imposed
sentence, the court may specify that the new sentence run either
“consecutively” or “concurrently” to the parole time, and if the court
is silent, the new sentence shall “run concurrently.” Penal Law
70.25(2-A), however, states that when the court finds that the defendant
is a predicate offender, it must impose the sentence to run
consecutively to the parole time.
Now, where does it state that the N.Y.$. DOCS has the authority to act
as a judicial function, and impose consecutive sentences? The only role
that the N.Y.$. DOCS has as far as correcting the court’s error is under
Correction Law 601-A, which states that wherever it appears to the
satisfaction of the warden of any $tate prison based on facts submitted
on behalf of a person sentenced and confined in a $tate prison, that any
such person who has been erroneously sentences as a second, third or
fourth offender, it shall become his duty to communicate with the
district attorney of the county in which such person was convicted, and
allow the district attorney to take the necessary action for
resentencing.
For those that are under lock in a N.Y.$. DOCS and that are being
affected by the actions set forth here by the oppressors, I advise you
comrades to obtain the keys to stop our oppressors from oppressing us.
For many years we’ve been living in the dark due to our own ignorance.
The struggle is calling us, believe it or not. Remember that without
struggle we have no progress. “Until the lions have their historian, the
tale of the hunt will be told by the hunter!” The key to life is
knowledge, my comrades, once we obtain that key then we have the
authority and power to unlock that door and proceed to walk through the
light and shine. It is time for us to unlearn, relearn, and lean again!
ARISE
Any questions pertaining to this matter you can reach out to the
Prisoners’ Legal Services of New York, 114 Prospect Street, in Ithaca,
NY 14850-5616.