New York Daily News

House-thief vic will get her say

- BY GRAHAM RAYMAN

A QUEENS JUDGE has taken the unusual step of ordering a hearing to allow a woman to oppose the early release of the convicted thief who stole her home, the Daily News has learned.

Jennifer Merin, 73, is trying to reverse a decision by the Correction Department to allow Darrell Beatty, who pleaded guilty to defrauding her out of her house in Laurelton, from getting out of jail four months before the end of his sentence.

Queens Supreme Court Justice Michael Aloise, who sentenced Beatty (photo inset left) to a year in jail, scheduled the hearing for Wednesday.

“I’m going to sentence you to one year. And I will recommend that he does every single day of it,” Aloise said at Beatty’s sentencing in September.

Aloise’s wishes conflict with the Correction Department’s longstandi­ng policy of releasing inmates — who do not commit infraction­s — after they have served twothirds of their sentence.

Under that policy, Beatty is supposed to get out April 30, after serving eight months of his sentence for filing a phony deed that allowed him to take ownership of Merin’s home in 2014.

“The point I’m trying to make is that the court promised me that Darrell Beatty would serve his entire sentence,” Merin (photo inset right) told The News. “That sentence was decided by the court, the DA and Beatty himself, that he would accept a year in jail. Period. He has to do that time.”

Scott Davis, Beatty’s lawyer, questioned whether a judge has the authority to require an inmate in good standing to serve his full term. He declined to further comment.

“Our assistant district attorney got a call from the judge’s chambers to calendar it for Wednesday, and to have the defendant produced,” said Kevin Ryan, a spokesman for the Queens district attorney’s office. “It was done by Judge Aloise at the request of Ms. Merin.”

The hearing could trigger a situation where the Correction Department — in order to hold the line on its policy — defends Beatty’s right to get out early.

A department spokeswoma­n said that the agency does not send lawyers to criminal hearings.

The department “executes the court-ordered sentencing and applies the relevant correction law to the jail time calculatio­ns,” she said.

Aloise did not return a phone call for comment.

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