N.Y. Penal Law § 60.09: Authorized dispositions; resentencing of certain persons convicted of specified controlled substance offenses

§ 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.