2023 New York Laws
PEN - Penal
Part 2 - Sentences
Title E - Sentences
Article 70 - Sentences of Imprisonment
70.85 - Transitional Exception to Determinate Sentencing Laws.
§ 70.85 Transitional exception to determinate sentencing laws.This section shall apply only to cases in which a determinate sentence was imposed between September first, nineteen hundred ninety-eight, and the effective date of this section, and was required by law to include a term of post-release supervision, but the court did not explicitly state such a term when pronouncing sentence. When such a case is again before the court pursuant to section six hundred one-d of the correction law or otherwise, for consideration of whether to resentence, the court may, notwithstanding any other provision of law but only on consent of the district attorney, re-impose the originally imposed determinate sentence of imprisonment without any term of post-release supervision, which then shall be deemed a lawful sentence.