NY advocates: Murderers could get a break

ALBANY -- Imagine a murderer being eligible for parole after three years in prison.

That's what Denise O'Donnell, New York's deputy secretary for public safety, says can happen under what she calls a dangerous loophole in a sentencing law.

She says the flaw can result in a defendant convicted of murder while on parole for an earlier killing getting credit for years served for the first crime.

That could mean a person who served 22 years would be eligible for parole after three years in prison, despite getting a new sentence of 25 years to life for the latest crime.

Closing the loophole is on Tuesday's agenda as part of an extraordinary session of the Legislature.

The Assembly and Senate are considering a fix proposed Gov. David Paterson and detailed Friday by O'Donnell. 

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