New York Penal Law Section 60.09 - Authorized Dispositions; Resentencing Of Certain Persons Convicted Of Specified Controlled Substance Offenses.

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    § 60.09  Authorized  dispositions;  resentencing  of  certain  persons
            convicted of specified controlled substance offenses.
    a. Any person convicted of an offense as defined  in  section  115.05,
  220.16,  220.18,  220.39  or  220.41  of  this  chapter or of an attempt
  thereof, for an act committed on  or  after  September  first,  nineteen
  hundred  seventy-three  but prior to the date on which the provisions of
  this section become effective,  may,  upon  notice  to  the  appropriate
  district  attorney, apply for resentencing in the court which originally
  imposed sentence. Such resentencing shall  be  in  accordance  with  the
  provisions  of  subdivision (b) of this section and shall include credit
  for any jail time incurred upon the subject conviction as well as credit
  for any period  of  incarceration  incurred  pursuant  to  the  sentence
  originally imposed.
    b.  A  court, upon an application specified in subdivision (a) of this
  section may resentence a person as follows:
    (i) if the conviction was for a class  A-III  offense  the  court  may
  impose  a  new  maximum term which shall be no less than three times the
  amount of the minimum term imposed in the original sentence and no  more
  than twenty-five years;
    (ii)  if  the  conviction  was  for a class A-II offense the court may
  impose a new minimum term which  shall  be  no  less  than  three  years
  imprisonment and no more than eight and one-third years;
    (iii)  upon  resentence  of  a person as specified in paragraph (i) of
  this subdivision the court shall  resentence  the  person  to  the  same
  minimum term previously imposed;
    (iv)  upon  resentence  of  a person as specified in paragraph (ii) of
  this  subdivision  the  court  shall  impose  a  maximum  term  of  life
  imprisonment;
    (v)  if  the  conviction  was  for  an offense as specified in section
  115.05 of this chapter and the offense  which  was  the  object  of  the
  criminal  facilitation was a class A-III felony then the court shall set
  aside the conviction and substitute it with a conviction  for  violation
  of  section  115.01  or 115.00 of this chapter, whichever is appropriate
  under the facts of the case, and impose a sentence  in  accordance  with
  those provisions.
    c.  Upon  resentence  as  provided  in  this section the court may not
  impose a sentence greater than the sentence previously imposed.

Last modified: July 30, 2006