LAS Attys/ Offices: Newman, Gibney (CDP/SLU)
Other Counsel: No
Date Filed: 2008
Class Action: No
Nature of Claims: Petitioner Gill, acting pro se, convinced the Third Department that the "Earley/Garner" rule, requiring that a judge, not an administrative agency like DOCS, orally pronounce the specific terms of a sentence, also applies to the question of whether a new sentence runs concurrently, or consecutively, to a prior undischarged sentence. In other words, DOCS may not administratively decide that the statute requires that the new sentence be consecutive. We agreed to defend the Gill decision because of the large number of other prisoners who will be affected by it. The State moved for re-argument, or in the alternative, leave to appeal to the Court of Appeals. The Third Department granted leave to appeal. The Clerk of the Court of Appeals scheduled the matter for written submissions only, instead of full briefing and argument. The State has contested this decision.
Current Status: The State's written submission is due on September 3.
Next Action Planned: File Brief