§ 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 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.
