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2021 New York Laws
PEN - Penal
Part 2 - Sentences
Title E - Sentences
Article 60 - Authorized Dispositions of Offenders
60.09 - Authorized Dispositions; Resentencing of Certain Persons Convicted of Specified Controlled Substance Offenses.

Universal Citation: NY Penal L § 60.09 (2021)
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§   60.09  Authorized  dispositions;  resentencing  of  certain  persons
          convicted of specified controlled substance offenses.
  a. Any person convicted of an offense as defined  in  section  115.05,
220.16,  220.18,  220.39  or  220.41  of  this  chapter or of an attempt
thereof, for an act committed on  or  after  September  first,  nineteen
hundred  seventy-three  but prior to the date on which the provisions of
this section become effective,  may,  upon  notice  to  the  appropriate
district  attorney, apply for resentencing in the court which originally
imposed sentence. Such resentencing shall  be  in  accordance  with  the
provisions  of  subdivision (b) of this section 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.
  b.  A  court, upon an application specified in subdivision (a) of this
section may resentence a person as follows:
  (i) if the conviction was for a class  A-III  offense  the  court  may
impose  a  new  maximum term which shall be no less than three times the
amount of the minimum term imposed in the original sentence and no  more
than twenty-five years;
  (ii)  if  the  conviction  was  for a class A-II offense the court may
impose a new minimum term which  shall  be  no  less  than  three  years
imprisonment and no more than eight and one-third years;
  (iii)  upon  resentence  of  a person as specified in paragraph (i) of
this subdivision the court shall  resentence  the  person  to  the  same
minimum term previously imposed;
  (iv)  upon  resentence  of  a person as specified in paragraph (ii) of
this  subdivision  the  court  shall  impose  a  maximum  term  of  life
imprisonment;
  (v)  if  the  conviction  was  for  an offense as specified in section
115.05 of this chapter and the offense  which  was  the  object  of  the
criminal  facilitation was a class A-III felony then the court shall set
aside the conviction and substitute it with a conviction  for  violation
of  section  115.01  or 115.00 of this chapter, whichever is appropriate
under the facts of the case, and impose a sentence  in  accordance  with
those provisions.
  c.  Upon  resentence  as  provided  in  this section the court may not
impose a sentence greater than the sentence previously imposed.
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