N.Y. Correction Law Section 601-A
Return of persons erroneously sentenced for the purpose of resentence


Whenever it shall appear to the satisfaction of the department based on facts submitted on behalf of a person sentenced and confined in a state prison, that any such person has been erroneously sentenced, it shall be the duty of the department to communicate with the sentencing court, the incarcerated individual’s defense attorney and the district attorney of the county in which such person was convicted. If upon investigation, the sentencing court, the defense attorney or the district attorney believes that the person has been so erroneously sentenced, the sentencing court, or the district attorney acting at the direction of the sentencing court, shall notify the department and arrange for the person to be heard and properly resentenced. The department thereupon shall comply with any court order to produce such person from such prison and cause him or her to be taken before the court in which he or she was sentenced for the purpose of resentence. The cost and expense of the return of such person necessarily incurred shall be a charge against the county from which he or she was committed.

Source: Section 601-A — Return of persons erroneously sentenced for the purpose of resentence, https://www.­nysenate.­gov/legislation/laws/COR/601-A (updated Sep. 2, 2022; accessed Oct. 26, 2024).

600
Certain correctional officers to administer oaths
600‑A
Jail time records and certificates
601
Delivery of commitment with incarcerated individual
601‑A
Return of persons erroneously sentenced for the purpose of resentence
601‑B
Coram nobis prisoners
601‑C
Felony prisoners
601‑D
Post-release supervision
602
Expenses of sheriff for transporting prisoners
603
Rendering accounts for conveying of prisoners
604
Payment of accounts for transporting prisoners
605
Prisoners sentenced at one session of court to be transported at same time
605‑A
Transportation of female incarcerated individuals
606
Payment of costs for prosecution of incarcerated individuals
607
Prohibition of double-bunked housing
610
Freedom of worship
611
Births to incarcerated individuals of correctional institutions and care of children of incarcerated individuals of correctional institut...
611‑A
Commitments to county or regional correctional institutions
612
United States prisoners
613
Conveyance of prisoner after arrest
614
Care and support of civil prisoner
618
Duties of state correctional institutions, penitentiaries, county jails and reformatories
619
Cooperation with authorized agencies of the department of social services
620
Service of papers in civil judicial proceedings upon a prisoner
621
Interstate cooperation with law enforcement officers and agencies of other states and the federal government
622
Sex offender treatment program
623
Incarcerated individual telephone services
624
Next of kin
625
Menstrual products
626
Medication assisted treatment in correctional facilities

Accessed:
Oct. 26, 2024

Last modified:
Sep. 2, 2022

§ 601-A’s source at nysenate​.gov

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