2006 New York Code - Authorized Dispositions; Resentencing Of Certain Controlled Substance Offenders.

 
  §  60.08  Authorized  dispositions;  resentencing  of certain controlled
            substance offenders.
    Any person convicted of an offense and  sentenced  to  prison  for  an
  indeterminate  sentence,  the minimum of which was at least one year and
  the maximum of which was life imprisonment, which sentence  was  imposed
  pursuant  to chapter two hundred seventy-six, two hundred seventy-seven,
  two hundred seventy-eight, or ten  hundred  fifty-one  of  the  laws  of
  nineteen  hundred seventy-three, and for which such sentence was imposed
  upon conviction of the crime of  criminal  possession  of  a  controlled
  substance  in  the  first  degree,  criminal  possession of a controlled
  substance in the second degree,  criminal  possession  of  a  controlled
  substance  in  the third degree, criminal sale of a controlled substance
  in the first degree, criminal sale of  a  controlled  substance  in  the
  second  degree,  or criminal sale of a controlled substance in the third
  degree, and the sole controlled substance involved  was  methadone,  may
  apply,   upon   notice   to   the  appropriate  district  attorney,  for
  resentencing in the court which originally imposed sentence.
    Such  resentencing  shall,   unless   substantial   justice   dictates
  otherwise,  be  pursuant to the current provisions of the penal law, and
  shall include credit  for  any  jail  time  incurred  upon  the  subject
  conviction  as  well  as credit for any period of incarceration incurred
  pursuant to the sentence originally imposed.
    In cases where the proof before the court is not available or  is  not
  sufficiently  reliable  to  determine the amount of methadone present in
  any preparation, compound, mixture or  substance  containing  methadone,
  there  shall  exist  a  rebuttable  presumption  that  each ounce of the
  preparation, compound, mixture or substance contained  sixty  milligrams
  of methadone.