N.Y. Correction Law § 601-a: Return of persons erroneously sentenced for the purpose of resentence

§ 601-a. Return of persons erroneously sentenced for the purpose of

resentence. Whenever it shall appear to the satisfaction of the

department based on facts submitted on behalf of a person sentenced and

confined in a state prison, that any such person has been erroneously

sentenced, it shall be the duty of the department to communicate with

the sentencing court, the incarcerated individual's defense attorney and

the district attorney of the county in which such person was convicted.

If upon investigation, the sentencing court, the defense attorney or the

district attorney believes that the person has been so erroneously

sentenced, the sentencing court, or the district attorney acting at the

direction of the sentencing court, shall notify the department and

arrange for the person to be heard and properly resentenced. The

department thereupon shall comply with any court order to produce such

person from such prison and cause him or her to be taken before the

court in which he or she was sentenced for the purpose of resentence.

The cost and expense of the return of such person necessarily incurred

shall be a charge against the county from which he or she was committed.