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How Long Do Old Crimes Count Toward Habitual Offender Status

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  • 02-14-2008, 06:52 PM
    Respectorofthelaw
    How Long Do Old Crimes Count Toward Habitual Offender Status
    My husband is currently incarcerated awaiting sentencing. He is charged with conspiracy with intent to distribute/sell drugs (herion). He has already charged and served 3-years for burglary in the 3rd 15 years ago in NYS. Can the 1st felony be used/considered in the second sentencing (even if it is 15 years later)? Does NYS have a statue whereby felony time served cannot be considered after 10 years?
  • 02-15-2008, 06:30 PM
    Happy Trails
    Re: Is There A Statue Of Limitations On Felonies In New York
    I could not find anything where prior convictions would not be considered (or would fall off after a certain amount of time) when sentencing someone for another charge.

    Two sites with interesting information:

    http://www.queensdefense.com/newdrug.htm

    http://hrw.org/reports/1997/usny/
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