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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.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 70.85 Transitional exception to determinate sentencing laws - last updated January 01, 2021 | https://codes.findlaw.com/ny/penal-law/pen-sect-70-85/
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