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New York General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in New York that do not fit into any other New York sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 10-21-2008, 03:35 PM
Princess peach Princess peach is offline
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Default How many years for second degree murder?

I need to know how many years for second degree murder in NY? He already did 11 years and trying to get it to appeal to a lower charge, since he didnt kill anyone he was in a fight and his friend pulled out a gun and they were wrestling with it and it went off and shot the other friend by accident and he died the next day and they charged my man with second degree murder. This happened when he was 18 and he is 29 now and I think it is really sad the whole situation and I wish his new lawyer could do something possible? Any input please I live in PA and I dont know the NY prison laws. Is there a chance he can get paroled soon? let me know. Thanks
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  #2  
Old 10-21-2008, 07:53 PM
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Default New York?

You are lucky. New York has all of this crap online. Just go to this website and you will get all of the information that you need (http://nysdocslookup.docs.state.ny.us/)
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Old 10-21-2008, 11:18 PM
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I went to the website and it doesnt have his name listed? So I dunno what to do now? Does anyone know the NY laws on this any info. would be greatly appreciated Thanks in advance.
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Old 10-22-2008, 04:57 AM
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Quote:
Originally Posted by Princess peach View Post
I need to know how many years for second degree murder in NY? He already did 11 years and trying to get it to appeal to a lower charge, since he didnt kill anyone he was in a fight and his friend pulled out a gun and they were wrestling with it and it went off and shot the other friend by accident and he died the next day and they charged my man with second degree murder. This happened when he was 18 and he is 29 now and I think it is really sad the whole situation and I wish his new lawyer could do something possible? Any input please I live in PA and I dont know the NY prison laws. Is there a chance he can get paroled soon? let me know. Thanks
i'm pretty sure its the death under felony rule, because they were fighting and his friend died as a result, the charge is automatically murder 2. minimum sentence in NY is 15-life so maybe he will be paroled soon?
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Old 10-22-2008, 05:53 AM
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It is 15-life. Much will depend on whether he's had a relatively clean disciplinary record, has taken all his programs, has performed well at his job, etc. Even so, the first few times he has the opportunity to appear before the parole board, there will inevitably be mention of "the nature of the crime" as a negative factor.
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Old 10-22-2008, 09:09 AM
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Princess Peach:

In NY, 2nd Degree Murder is codified under Penal Law 125.25. It is classified as an A-1 Felony and carries a maximum sentence of 25 years to life imprisonment.

The fact pattern you describe suggests his actions constituted the less serious crime of Secon Degree Manslaughter under Penal Law 125.15. That crime is designated a Class C felony offense. If that crime was committed 11 years ago, the maximum term he could have been sentenced to would be 5 to 15 years. Assuming acceptable behavior and program participation, his CR date woulld have been 10 years, in which case he'd already be out.
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Old 10-22-2008, 09:13 AM
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Quote:
Originally Posted by fpswifey View Post
... murder 2. minimum sentence in NY is 15-life ...
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Originally Posted by nimuay View Post
It is 15-life...
Second Degree Murder (Penal Law sec. 125.25) is an A-1 Felony punishable by 25 years to life imprisonment.
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Old 10-22-2008, 03:52 PM
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Originally Posted by Paralegal USA View Post
Princess Peach:

In NY, 2nd Degree Murder is codified under Penal Law 125.25. It is classified as an A-1 Felony and carries a maximum sentence of 25 years to life imprisonment.

The fact pattern you describe suggests his actions constituted the less serious crime of Secon Degree Manslaughter under Penal Law 125.15. That crime is designated a Class C felony offense. If that crime was committed 11 years ago, the maximum term he could have been sentenced to would be 5 to 15 years. Assuming acceptable behavior and program participation, his CR date woulld have been 10 years, in which case he'd already be out.
He has a new lawyer working on the case to get it possibly dropped to manslaughter or even all charges dropped he wrote me in his letter. Is any of this possible? He said his sentence is 25 years so can he get out any sooner? He works a a law libarian clerk, and became a paralegal while there at the prison and also is taking more college courses. He is a good man just was running with the wrong people as a teen and got into this mess. Is there any light at the end of this tunnel?
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Old 10-22-2008, 05:07 PM
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Quote:
Originally Posted by Princess peach View Post
He has a new lawyer working on the case to get it possibly dropped to manslaughter or even all charges dropped he wrote me in his letter. Is any of this possible? He said his sentence is 25 years so can he get out any sooner? He works a a law libarian clerk, and became a paralegal while there at the prison and also is taking more college courses. He is a good man just was running with the wrong people as a teen and got into this mess. Is there any light at the end of this tunnel?
1) The fact of him being a law library clerk, and therefore marginally familiar with law, helps him little, if any. The prison system does not teach what is necessary for effective post-conviction litigation.

2) As I stated in my earlier post, the fact pattern you describe suggests Man. 2 over Murder 2. Thus, there may be a shot for him.

Since he has an attorney, your questions are best posed to him/her.

Best of luck!
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Old 10-22-2008, 05:16 PM
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Originally Posted by Paralegal USA View Post
Second Degree Murder (Penal Law sec. 125.25) is an A-1 Felony punishable by 25 years to life imprisonment.
isnt that the max sentence for murder 2? thats my bf's charge and he's serving 24-life... I was always under the understanding that the sentencing laws in new york were minimum 15-life max 25-life
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Old 10-22-2008, 06:14 PM
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fpswifey can we talk sometime and what prison is he in?
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Old 10-22-2008, 07:18 PM
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Quote:
Originally Posted by Paralegal USA View Post
Second Degree Murder (Penal Law sec. 125.25) is an A-1 Felony punishable by 25 years to life imprisonment.
The min. is 15 to life. My husband has been serving 17-life solely for murder in the 2nd degree.
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Old 10-22-2008, 07:22 PM
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isnt that the max sentence for murder 2? thats my bf's charge and he's serving 24-life... I was always under the understanding that the sentencing laws in new york were minimum 15-life max 25-life
fp, I believe that is correct...
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Old 10-22-2008, 08:24 PM
Princess peach Princess peach is offline
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so could my man get paroled soon? he has already served 11 years? He is trying to get this all recitified to get his name cleared but if the min. is 15 years when could he go up for parole? Let me know. Thanks!
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Old 10-22-2008, 08:43 PM
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so could my man get paroled soon? he has already served 11 years? He is trying to get this all recitified to get his name cleared but if the min. is 15 years when could he go up for parole? Let me know. Thanks!
it depends on how long he was sentenced to when he can be paroled. look on the nysdoc website and see what his info says
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Old 10-22-2008, 09:29 PM
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isnt that the max sentence for murder 2? thats my bf's charge and he's serving 24-life... I was always under the understanding that the sentencing laws in new york were minimum 15-life max 25-life
2nd Degree Murder is maximum 25 to life.
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