Legal Basis
If a commitment does not state whether it is concurrent or consecutive to a previously imposed sentence, use Penal Law §70.25 to determine if the sentences are concurrent or consecutive. When multiple sentences are imposed to run consecutively, both the minima and maxima are added to arrive at an aggregate total, subject to the limitations in Penal Law §70.30 (1)(e).
1. For crimes committed on or after 10/1/95, refer to the Penal Law or contact the Office of Sentencing Review.
2. For crimes committed between 5/31/83 and 9/30/95, the Reduction Statute was used as follows:
a. If one of the consecutive felonies is a Class A felony, there is no reduction.
b. The aggregate maximum term of consecutive sentences imposed for three or more violent felony offenses committed prior to the time the person was imprisoned under any of such sentences and at least one of which is a Class B violent felony offense, shall, if it exceeds fifty years, be deemed to be fifty years.
c. The aggregate maximum term of consecutive sentences imposed for two violent felony offenses committed prior to the time the person was imprisoned under any of such sentences and at least one of which is a class B violent felony offense, shall, if it exceeds forty years, be deemed to be forty years.
d. The aggregate maximum term of consecutive sentences committed prior to the time the person was imprisoned under any of such sentences and at least one of which is a Class B felony offense, shall, if it exceeds thirty years, be deemed to be thirty years.
e. The aggregate maximum term of consecutive sentences committed prior to the time the person was imprisoned under any of such sentences, shall, if it exceeds twenty years, be deemed to be twenty years.
Where this reduction is made, the aggregate minimum period of imprisonment, if it exceeds one-half of the reduced aggregate maximum term, shall be deemed to be one-half of the reduced aggregate maximum term.
3. For crimes committed between 9/1/78 and 5/30/83, the aggregate maximum term of consecutive sentences imposed for two or more crimes, other than two or more crimes that include a Class A felony, committed prior to the time the person was imprisoned under any of such sentences, shall, if it exceeds twenty years, be deemed to be twenty years, unless one of the sentences was imposed for a Class B felony, in which case the aggregate maximum term shall, if it exceeds thirty years, be deemed to be thirty years. Where the aggregate maximum term of two or more consecutive sentences is reduced by calculation made pursuant to the above, the aggregate minimum period of imprisonment, if it exceeds one-half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced.
4. For crimes committed between 9/1/78 and 6/1/80, the aggregate minimum could not exceed one-half the longest single maximum imposed except for Class A or B felonies.
5. For crimes committed between 9/1/67 and 8/31/78, the aggregate maximum term of consecutive sentences imposed for two or more crimes committed prior to the time the person was imprisoned under any of such sentences shall, if it exceeds twenty years, be deemed to be twenty years, unless one of the sentences was imposed for a Class B felony, in which case the aggregate maximum term shall, I fit exceeds thirty years, be deemed to be thirty years.
6. For crimes committed between 9/1/67 and 8/31/78, the consecutive minima merged in and were satisfied by service of the longest minimum term. If an additional consecutive sentence was imposed after the minimum or the prior sentence was exceeded, the new minimum was calculated from the date of imposition of the additional sentence.
7. For crimes committed prior to 9/1/67, the under the "old Law," the Parole Board paroled inmates on paper to allow them to finish one sentence and then start a consecutive sentence.
