On October 12, 2011, PLS filed an application to set aside Shane Kane’s sentence and resentence him. The reason for the application was that the sentence imposed on March 22, 2010 did not reflect the promise made in the plea bargain. Mr. Kane pled guilty in Chenango County to attempted burglary in the third degree in exchange for a promise that his sentence of 1½ to 3 years would run concurrent to a sentence of the same length that was imposed in Otsego County on February 15, 2010. When Mr. Kane went into DOCCS custody, he found that because the second sentence was imposed 37 days after the first, his maximum expiration date and conditional release date were more than a month later than he had been led to believe they would be. The application asked that the court resentence Mr. Kane to a term of 1½ to 3 years to run concurrently to the Otsego County sentence, nunc pro tunc to February 15, 2010.
The District Attorney did not oppose the application and on November 18, 2011, an amended Sentence and Commitment Order was issued, sentencing the defendant to 1½ to 3 years running concurrently to Otsego County sentence, nunc pro tunc to the date that the Otsego County sentence was imposed.