2010 New York Code
PEN - Penal
Part 2 - SENTENCES
Title E - SENTENCES
Article 70 - (70.00 - 70.85) SENTENCES OF IMPRISONMENT
70.35 - Merger of certain definite and indeterminate or determinate sentences.

* §  70.35  Merger  of certain definite and indeterminate or determinate
              sentences.
    The  service  of  an  indeterminate   or   determinate   sentence   of
  imprisonment shall satisfy any definite sentence of imprisonment imposed
  on a person for an offense committed prior to the time the indeterminate
  or determinate sentence was imposed, except as provided in paragraph (b)
  of  subdivision  five  of section 70.25 of this article. A person who is
  serving a definite sentence at the time an indeterminate or  determinate
  sentence  is  imposed  shall  be  delivered  to the custody of the state
  department  of  correctional  services  to  commence  service   of   the
  indeterminate  or  determinate sentence immediately unless the person is
  serving a definite sentence pursuant to  paragraph  (b)  of  subdivision
  five   of  section  70.25  of  this  article.  In  any  case  where  the
  indeterminate or determinate sentence is revoked or vacated, the  person
  shall receive credit against the definite sentence for each day spent in
  the custody of the state department of correctional services.
    * NB Effective until September 1, 2011
  * § 70.35 Merger of certain definite and indeterminate sentences.
    The service of an indeterminate sentence of imprisonment shall satisfy
  any definite sentence of imprisonment imposed on a person for an offense
  committed  prior  to  the  time  the indeterminate sentence was imposed,
  except as provided in paragraph (b) of subdivision five of section 70.25
  of this article. A person who is serving a definite sentence at the time
  an indeterminate sentence is imposed shall be delivered to  the  custody
  of  the state department of correctional services to commence service of
  the indeterminate sentence immediately unless the person  is  serving  a
  definite  sentence  pursuant  to  paragraph  (b)  of subdivision five of
  section 70.25 of this article.  In  any  case  where  the  indeterminate
  sentence  is revoked or vacated, the person shall receive credit against
  the definite sentence for each day spent in the  custody  of  the  state
  department of correctional services.
    * NB Effective September 1, 2011

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