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Sentencing

Interview with Ivan and Bobby

JM: How long was your sentencing for?
Ivan: I was sentenced to serve a five year determinate sentence with five years post release supervision. When I finished my five year determinate sentence, I was one of the "guinea pigs" for Governor Pataki's N.Y. C.P.L.R. Article 9.27 bill for civil commitment for sex offenders which was ruled unconstitutional by the the N.Y.S. Court of Appeals. I tried to proceed with a N.Y. C.P.L. 440.10 motion while I was there which didn't succeed. I recently filed a Motion to Vacate Judgment on the Common Law of Writ of Coram Nobis on December 12, 2013, with everything I have presented to you. I'm arguing that since the time period I was incarcerated at Central New York Psychiatric Center was ruled unconstitutional and I didn't have access to a law library or a criminal attorney, that should preserve my right to raise the same issues on my present collateral attack and stretch my statute of limitations to proceed as these issues are supported by two strong federal cases titled "Bounds v. Smith" and "Lewis v. Casey". I'm also presenting everything else I've presented to you so far with much more. The time period I served at CNYPC was sixteen months and the main issue I tried to raise on my 440.10 motion was that the program required me to admit to the crime which was preserved by my Alford plea and after I was released, my parole officer violated me for not participating in a sex offender program which required me to admit to the crime which I absolutely refused because my rights were preserved by my Alford plea, and I went back to prison for another twenty months. Altogether, I served eight years incarcerated when it should have just been five on the original sentence.
Bobby: 2 years but I came in and out serval different times

JM: Did you spend time in a holding cell after your sentencing? If so, what was that like? If you didn't where did they they take you instead?
Ivan: I spent most of my time period in a holding cell when I was incarcerated as I spent a lot of time reading, studying, doing creative projects, exercising, and paraying.
Bobby: I was in a holding cell for 24 hours they didn't know what to do with me if was cold boring as hell and I was starving they got me into a cell the next day I was happy to be out of there

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