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My husband signed a plea agreement for 5 years in Queens county criminal court. After being sentenced to the 5 years, a few weeks later the court brought him back stating that NYS Dept of Corrections complained that this was an illegal sentence, due to his record showing he needed a mandatory minimum of 7 years (due to predicate or career offender status). So they resentenced him to 7 years. Is this legal to do that?
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The court had to correct the illegal sentence. However it's not clear from your question whether he was offered his plea back; or if this would have helped him. This is usually what the court will do when the agreed upon sentence is illegal.
Answered on Sep 10th, 2013 at 4:52 PM