N.Y. Penal Law § 60.08: Authorized dispositions; resentencing of certain controlled substance offenders

§ 60.08 Authorized dispositions; resentencing of certain controlled

substance offenders.

Any person convicted of an offense and sentenced to prison for an

indeterminate sentence, the minimum of which was at least one year and

the maximum of which was life imprisonment, which sentence was imposed

pursuant to chapter two hundred seventy-six, two hundred seventy-seven,

two hundred seventy-eight, or ten hundred fifty-one of the laws of

nineteen hundred seventy-three, and for which such sentence was imposed

upon conviction of the crime of criminal possession of a controlled

substance in the first degree, criminal possession of a controlled

substance in the second degree, criminal possession of a controlled

substance in the third degree, criminal sale of a controlled substance

in the first degree, criminal sale of a controlled substance in the

second degree, or criminal sale of a controlled substance in the third

degree, and the sole controlled substance involved was methadone, may

apply, upon notice to the appropriate district attorney, for

resentencing in the court which originally imposed sentence.

Such resentencing shall, unless substantial justice dictates

otherwise, be pursuant to the current provisions of the penal law, 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.

In cases where the proof before the court is not available or is not

sufficiently reliable to determine the amount of methadone present in

any preparation, compound, mixture or substance containing methadone,

there shall exist a rebuttable presumption that each ounce of the

preparation, compound, mixture or substance contained sixty milligrams

of methadone.