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 Nov. 29, 2025).

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 627
Breast cancer screening and diagnostic testing
Green check means up to date. Up to date

Verified:
Nov. 29, 2025

Last modified:
Sep. 2, 2022

§ 601-A. Return of persons erroneously sentenced for the purpose of resentence's source at nysenate​.gov

Link Style