§ 70.85 Transitional exception to determinate sentencing laws.\n This section shall apply only to cases in which a determinate sentence\nwas imposed between September first, nineteen hundred ninety-eight, and\nthe effective date of this section, and was required by law to include a\nterm of post-release supervision, but the court did not explicitly state\nsuch a term when pronouncing sentence. When such a case is again before\nthe court pursuant to section six hundred one-d of the correction law or\notherwise, for consideration of whether to resentence, the court may,\nnotwithstanding any other provision of law but only on consent of the\ndistrict attorney, re-impose the originally imposed determinate sentence\nof imprisonment without any term of post-release supervision, which then\nshall be deemed a lawful sentence.\n
N.Y. Penal Law § 70.85
Transitional exception to determinate sentencing laws
Applied in 21 court decisions — leading case 96 F. Supp. 3d 370 - Hassell v. Fischer (2015)
Most recently applied in People v. Perez (October 2020)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.