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People v. Derrick McLeod, Indictment No. M12177/97, Queens County - PLSNY
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People v. Derrick McLeod, Indictment No. M12177/97, Queens County

On November 17, 2011, PLS filed an application in the Supreme Court, Queens County, to set aside the sentence imposed on December 21, 2010 and re-sentence Mr. McLeod to the sentence which he agreed to accept when he pled guilty. In 1997, Mr. McCleod was indicted for criminal sale of a controlled substance in the third degree (PL §220.39[01]) and criminal sale of a controlled substance in the fifth degree (PL § 220.31). The sales were alleged to have taken place on December 5, 1997. On March 20, 2000, Mr. McLeod was arrested on federal charges and thereafter, a federal sentence was imposed which Mr. McLeod began serving. When he was released from the federal sentence, he was subject to the New York State warrant on Queens County Indictment No. N1277-97. On December 21, 2010, Mr. McLeod agreed to plead guilty to the charge of criminal sale of a controlled substance in the fifth degree as a second felony offender, in exchange for a sentence of 2 to 4 years, nunc pro tunc to March 20, 2010. Although the intent of the defendant, the District Attorney and the Court was that Mr. McCleod not serve any additional time for the state conviction, because the court did not impose the state sentence to run concurrently to federal sentence, as a matter of law, the sentence ran consecutively to the federal sentence. Thus, following the sentencing in December 2010, Mr. McLeod was placed in the custody of the NYS DOCCS. His legal date computation stated that his maximum expiration date was April 4, 2015 and his parole eligibility date was April 2, 2013.

PLS filed an application for resentencing, asking that the court impose the sentence to run concurrently to the federal sentence and nunc pro tunc to March 20, 2000. The court agreed that the original sentence was not in accord with the plea that Mr. McLeod agreed to and on December 13, 2011 and agreed to resentence Mr. McLeod to an indeterminate term of 2 to 4 years, concurrent to the federal sentence, nunc pro tunc to March 20, 2011. As a result, Mr. McLeod was released from prison on December 15, 2011 and did not have to serve an additional 3 years, 3 months and 17 days that he would have had to serve had PLS not filed this case.