Chad Volpe, the former Mount Hope supervisor who pleaded guilty to attempting to coerce a child to have sex with him, has been ordered to be released from prison on time served due to a “judicial error.”

He was sentenced in Orange County Supreme Court to 1 1/3 to 4 years in prison on Oct. 27, 2022. The Otisville man was originally charged by state police with course of sexual conduct against a child, criminal sex act and sex abuse.

The Orange County District Attorney’s Office told News 12 that prosecutors originally recommended six months in jail and five years on probation as part of Volpe’s plea agreement. The judge presiding over the case, William DeProspo, instead promised the defendant probation only. DeProspo then changed his mind after Volpe’s alleged failure to comply with the terms of the agreement during his pre-sentencing report and instead imposed an “enhanced sentence,” according to prosecutors.

Volpe appealed the sentence and won in a New York state Appellate Court ruling that found he was sentenced to prison by “judicial error.”

DeProspo retired in 2023 after separate misconduct charges were brought against him by the New York State Commission on Judicial Conduct.

On Tuesday, Orange County Judge Richard Guertin sentenced Volpe to time served at the recommendation of the Orange County District Attorney’s Office.

Volpe was brought to court under the custody of the New York state Department of Corrections and Community Supervision. Officials said during the resentencing that he would be taken to Orange County Jail after the proceeding where he’d be released.

When asked after court how he felt about the decision Volpe responded, “Justice has been served.”