Statute · New York Penal Law
N.Y. Penal Law § 70.85 — Transitional exception to determinate sentencing laws
N.Y. Penal Law § 70.85
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 70.85 Transitional exception to determinate sentencing laws.
Citator
N.Y. Penal Law § 70.85 — Transitional exception to determinate sentencing laws is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.