N.Y. Penal Law Section 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 Correction Law § 601-D (Post-release supervision)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.

Source: Section 70.85 — Transitional exception to determinate sentencing laws, https://www.­nysenate.­gov/legislation/laws/PEN/70.­85 (updated Sep. 22, 2014; accessed Nov. 8, 2025).

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Nov. 8, 2025

Last modified:
Sep. 22, 2014

§ 70.85. Transitional exception to determinate sentencing laws's source at nysenate​.gov

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