In the seven months since the state Legislature enacted sweeping reforms allowing felons convicted under the harsh Rockefeller drug laws to apply for resentencing, just slightly more than half of those who’ve tried citywide have succeeded in getting their terms shortened.
But the success rate varies widely depending upon the borough — with Staten Island judges turning down almost every comer (nine out of 10) and their Queens counterparts granting two-thirds (22 out of 33).
According to data from the five DA’s offices and city Special Narcotics Prosecutor Bridget Brennan, 151 felons have seen their petitions get granted by judges, while 129 have been turned away.
Brooklyn is running just a hair behind Queens, at 65 percent, and The Bronx, at 58 percent. In Manhattan, the overall rate is 43 percent.
“Clearly, the judges are drawing distinctions,” said Brennan. “They are weighing all the factors. What you have not seen is a wholesale release of defendants.”
On the defense side, William Gibney, director of special litigation for the Legal Aid Society, said his agency was generally happy with the results so far.
“I think, in terms of the overall process, it’s working fairly well,” he said, adding that a great many of the denials stemmed from a dispute on the law: whether felons who were released but are back behind bars for violating parole are eligible.
The current crop of resentencings is the third and final installment of reforms softening the state’s drug penalties. It replaces maximum sentences as high as 8 1/3 to 25 years with fixed terms no longer than nine years.
The state Department of Criminal Justice Services said roughly 210 felons were expected to have been released by this time, about 130 from the city.
Much of the borough-to-borough variation appears to stem from a difference in approach by the various DA’s, rather than the judges, lawyers said.
In each case, the DA can choose to oppose the petition for resentencing, or to allow it to go forward uncontested — a choice that can have a huge effect on judge’s rulings, Gibney said.
“We have seen some variety in the responses of the DAs from borough to borough,” he said. “I think it does illustrate that what the DA says has a significant impact.”
For example, in Manhattan, drug prosecutions are handled by two different offices: Brennan’s or Manhattan DA Cyrus Vance Jr.’s. Vance’s cases have a 36 percent petition-acceptance rate, while Brennan’s are at 50 percent.
Additional reporting by William J. Gorta