A Champlain man was granted a modified sentence by the New York State Appellate Division of the Supreme Court.
After an appeal to the Supreme Court, Joseph Ormsby, 20, was told his sentence from 2010 — four and half years in prison followed by three years of post-release supervision — would be modified due to an error.
Ormsby pleaded guilty to third-degree criminal possession of a controlled substance in Clinton County Court before Judge Patrick McGill back in 2010 and was sentenced.
Ormsby appealed on the grounds that the sentence he was given was illegal because he should have been given only two years of post-release supervision instead of three years.
After considering his appeal and consulting Penal Law, the Appellate Court determined that Ormsby was correct and that an error had been made in the original sentencing in Clinton County Court.
The court said in the ruling that Penal Law states that for a Class B felony, like the one Ormsby pleaded guilty to, post-release supervision "shall not be less than one year nor more than two years."
Ormsby's sentence was altered to four and a half years in prison, with two years of post-release supervision.
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