N.Y. Penal Law Section 70.35
Merger of certain definite and indeterminate or determinate sentences

The service of an indeterminate or determinate sentence of imprisonment shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate or determinate sentence was imposed, except as provided in paragraph (b) of subdivision five of section 70.25 of this article. A person who is serving a definite sentence at the time an indeterminate or determinate sentence is imposed shall be delivered to the custody of the state department of corrections and community supervision to commence service of the indeterminate or determinate sentence immediately unless the person is serving a definite sentence pursuant to paragraph (b) of subdivision five of section 70.25 of this article. In any case where the indeterminate or determinate sentence is revoked or vacated, the person shall receive credit against the definite sentence for each day spent in the custody of the state department of corrections and community supervision. * NB Effective until September 1, 2027 * § 70.35 Merger of certain definite and indeterminate sentences. The service of an indeterminate sentence of imprisonment shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate sentence was imposed, except as provided in paragraph (b) of subdivision five of section 70.25 of this article. A person who is serving a definite sentence at the time an indeterminate sentence is imposed shall be delivered to the custody of the state department of corrections and community supervision to commence service of the indeterminate sentence immediately unless the person is serving a definite sentence pursuant to paragraph (b) of subdivision five of section 70.25 of this article. In any case where the indeterminate sentence is revoked or vacated, the person shall receive credit against the definite sentence for each day spent in the custody of the state department of corrections and community supervision. * NB Effective September 1, 2027

Source: Section 70.35 — Merger of certain definite and indeterminate or determinate sentences, https://www.­nysenate.­gov/legislation/laws/PEN/70.­35 (updated May 16, 2025; accessed Dec. 13, 2025).

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Verified:
Dec. 13, 2025

Last modified:
May 16, 2025

§ 70.35. Merger of certain definite & indeterminate or determinate sentences's source at nysenate​.gov

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