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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
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Determinate And Indeterminate Sentences In Ny

Determinate And Indeterminate Sentences In New York

New York has two main types of felony sentences – determinate and indeterminate. The type of sentence depends on whether the felony is classified as violent or non-violent[1].

Determinate Sentences

Determinate sentences, also called “flat” sentences, run for a specific period of time set by the judge, such as 5 or 10 years[1].

Determinate sentences generally apply to[2]:

  • Violent offenses
  • Most sex offenses
  • Drug offenses

Some examples of crimes with determinate sentences include[1]:

  • Robbery in the first degree (PL 160.15)
  • Burglary in the first degree (PL 140.30)
  • Criminal possession of a weapon in the second degree (PL 265.03)
  • Criminal sale of a controlled substance in the first degree (PL 220.43)

Length of Determinate Sentences

For violent felonies, the term of a determinate sentence is[1]:

  • Class B violent felony: At least 5 years up to 25 years
  • Class C violent felony: At least 3.5 years up to 15 years
  • Class D violent felony: At least 2 years up to 7 years
  • Class E violent felony: At least 1.5 years up to 4 years

The judge sets a maximum term within these ranges. They must also impose a period of post-release supervision between 1.5-5 years[2].

Release on a Determinate Sentence

Individuals serving determinate sentences are released by law after serving their sentence, minus any merit time allowances[3]. The Parole Board does not decide release dates.

After release, individuals must serve the period of post-release supervision set by the judge[2].

Indeterminate Sentences

Indeterminate sentences provide a sentencing range set by statute, such as 1 to 3 years or 5 to 15 years[1].

Indeterminate sentences generally apply to non-violent felonies like[2]:

  • Grand larceny
  • Possession of stolen property
  • Forgery
  • Criminal mischief

The ranges for indeterminate sentences are[1]:

  • Class A-I felony: Minimum 15-25 years, maximum life
  • Class A-II felony: Minimum 3-8 1/3 years, maximum life
  • Class B felony: Minimum 1-8 1/3 years, maximum 25 years
  • Class C felony: Minimum 1-5 years, maximum 15 years
  • Class D felony: Minimum 1-2 1/3 years, maximum 7 years
  • Class E felony: Minimum 1-1 1/3 years, maximum 4 years

The minimum must be 1/3 of the maximum for non-predicate felons.

Release on an Indeterminate Sentence

After serving the minimum sentence, individuals can go before the Parole Board for discretionary release[4]. If released, they serve parole until the maximum expiration of their sentence.

They may also be eligible for a conditional release after serving 2/3 of the maximum sentence if not already paroled[3].

Sentencing for Predicate Felons

Harsher sentences apply to predicate felons with prior convictions[1].

For second violent felony offenders, the minimum sentence is 1/2 the maximum, not 1/3.

Persistent felony offenders with 2 prior felonies face[1]:

  • Class A-I felony: Minimum 20-25 years, maximum life
  • Class B felony: Minimum 15-25 years, maximum life
  • Class C felony: Minimum 10-15 years, maximum life
  • Class D felony: Minimum 6-7 years, maximum 15 years
  • Class E felony: Minimum 3.5-4 years, maximum 7 years

Good Time Credits

Individuals serving indeterminate or determinate sentences may receive “good time” credits to reduce their sentence[3]:

  • Merit time: Up to 1/6 off the minimum for indeterminate sentences or 1/7 off determinate sentences for completing rehabilitation programs.
  • Limited credit time: Up to 6 months off for completing programs and work assignments.
  • Shock incarceration: Can reduce minimum period by up to 1 year.
  • Conditional release: Automatic release after serving 2/3 of a maximum indeterminate sentence.

Parole and Post-Release Supervision

Whether released by the Parole Board or by law, individuals serve the remaining time until their maximum sentence on parole (indeterminate sentences) or post-release supervision (determinate) [2].

Both parole and post-release supervision involve strict conditions like curfews, travel restrictions, drug tests, and reporting to an officer[5]. Violating conditions can result in re-imprisonment.

Implications of Sentencing Types

Indeterminate sentences give people a chance for early release through parole, but they face supervision for longer. Determinate sentences have defined release dates, but less chance of early release[6].

Critics argue determinate sentences are too harsh, while indeterminate sentences give too much power to parole boards. But both aim to balance punishment with rehabilitation.

Defenses to Reduce Sentences

Several strategies can help reduce potential sentences:

  • Plea bargains: Agree to plead guilty in return for reduced charges or alternate sentences.
  • Cooperation agreements: Provide testimony against co-defendants for sentencing leniency.
  • Sentence mitigation: Present mitigating circumstances like mental health issues, remorse, or rehabilitation efforts.
  • Legal challenges: Challenge the constitutionality or application of certain sentencing statutes.

An experienced New York criminal defense lawyer can advise on the best defenses and arguments to reduce a potential sentence.


Sentencing in New York depends on the classification of the crime, the defendant’s criminal history, and the type of sentence. While some sentences are rigidly defined, options like parole, good time credits, and various defenses can help reduce time spent incarcerated. Understanding the nuances of New York sentencing law allows defendants to make informed choices during their case.


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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

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