Rabbi Nechemya Weberman's 103-year sentence for his three-year multiple-times-weekly sexual abuse of a young hasidic girl that began when the girl was 12-years-old has been automatically reduced to the statutory maximum of 50 years in state prison.
Originally published at 8:44 pm CST 2-6-2013
Rabbi Nechemya Weberman's Sentence Reduced By More Than Half To 50 Years
Shmarya Rosenberg • FailedMessiah.com
Rabbi Nechemya Weberman's 103-year sentence for his three-year multiple-times-weekly course of sexual abuse of a young hasidic girl that began when the girl was 12-years-old has been automatically reduced to the statutory maximum of 50 years in state prison.
His earliest possible release date (barring a pardon, commutation or an appeal victory) is October 16, 2055 – seven years, one month, and several days less than the maximum 50 years. (I.e., a 1/7 reduction – if he behaves well and meets certain benchmarks.)
Weberman would be 97-years-old at his earliest release date.
The top charge Weberman was convicted on, carrying out a course of sexual abuse against a child, is a Class B felony that carries a maximum sentence of 25-years-in state prison. (You'll see how this comes into play if you read the NY State Penal Code excerpt posted below.)
Weberman is currently housed in the Downstate Correctional Facility in Fishkill, New York.
Here is the information from the DOCCS website:
Here is the relevant section of the New York State Penal Code:
(vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the
aggregate maximum term of consecutive sentences, all of which are
indeterminate or all of which are determinate sentences, imposed for the
conviction of three or more violent felony offenses committed prior to
the time the person was imprisoned under any of such sentences and one
of which is a class B violent felony offense, shall, if it exceeds fifty
years, be deemed to be fifty years;
(vii) Notwithstanding subparagraphs (ii), (iii) and (v) of this
paragraph, where the aggregate maximum term of two or more consecutive
sentences, one or more of which is a determinate sentence and one or
more of which is an indeterminate sentence, and where such sentences are
imposed for the conviction of three or more violent felony offenses
committed prior to the time the person was imprisoned under any such
sentences and one of which is a class B violent felony offense, the
following rules shall apply:
(A) if the aggregate maximum term of the determinate sentence or
sentences exceeds fifty years, the defendant shall be deemed to be
serving a determinate sentence of fifty years.
(B) if the aggregate maximum term of the determinate sentence or
sentences is less than fifty years, the defendant shall be deemed to be
serving an indeterminate sentence the maximum term of which shall be
deemed to be fifty years. In such instances, the minimum sentence shall
be deemed to be twenty-five years or six-sevenths of the term or
aggregate maximum term of the determinate sentence or sentences,
whichever is greater.
(viii) Notwithstanding any provision of this subdivision to the
contrary where a person is serving two or more consecutive sentences,
one or more of which is an indeterminate sentence and one or more of
which is a determinate sentence, and if he would be eligible for a
reduction provision pursuant to this subdivision if the maximum term or
aggregate maximum term of the indeterminate sentence or sentences were
added to the term or aggregate maximum term of the determinate sentence
or sentences, the person shall be deemed to be eligible for the
applicable reduction provision and the rules set forth in this
subdivision shall apply.