Legal Basis
N.Y. PEN. LAW § 70.25:
* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate or determinate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.
* NB Effective until September 1, 2011
* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.
* NB Effective September 1, 2011
Formula for an indeterminate returned parole violator with a concurrent determinate new term. To compute the Parole Eligibility date, add 6/7 of the determinate term minus jail time to date received and subtract prior time credit. Add the prior indeterminate minimum time owed to the date received; whichever is longer controls.
To compute the Maximum Expiration date, add the determinate term minus jail time to date received and subtract prior time credit. Add the prior indeterminate maximum time owed to the date received, and whichever is longer controls.
To compute the Conditional Release*, use the controlling maximum expiration date. The good time on the determinate term is 1/7 of the determinate term. The good time on the indeterminate term is 1/3 of the prior indeterminate maximum time owed if time owed is greater than one year. Compare the good time, and whichever is greater must be subtracted from the controlling maximum expiration date.
*Penal Law §70.40 (1)(b)(ii)…
