N.Y. Penal Law § 70.35: Merger of certain definite and indeterminate or determinate sentences

* § 70.35 Merger of certain definite and indeterminate or determinate

sentences.

The service of an indeterminate or determinate sentence of

imprisonment shall satisfy any definite sentence of imprisonment imposed

on a person for an offense committed prior to the time the indeterminate

or determinate sentence was imposed, except as provided in paragraph (b)

of subdivision five of section 70.25 of this article. A person who is

serving a definite sentence at the time an indeterminate or determinate

sentence is imposed shall be delivered to the custody of the state

department of corrections and community supervision to commence service

of the indeterminate or determinate sentence immediately unless the

person is serving a definite sentence pursuant to paragraph (b) of

subdivision five of section 70.25 of this article. In any case where the

indeterminate or determinate sentence is revoked or vacated, the person

shall receive credit against the definite sentence for each day spent in

the custody of the state department of corrections and community

supervision.

* NB Effective until September 1, 2027

* § 70.35 Merger of certain definite and indeterminate sentences.

The service of an indeterminate sentence of imprisonment shall satisfy

any definite sentence of imprisonment imposed on a person for an offense

committed prior to the time the indeterminate sentence was imposed,

except as provided in paragraph (b) of subdivision five of section 70.25

of this article. A person who is serving a definite sentence at the time

an indeterminate sentence is imposed shall be delivered to the custody

of the state department of corrections and community supervision to

commence service of the indeterminate sentence immediately unless the

person is serving a definite sentence pursuant to paragraph (b) of

subdivision five of section 70.25 of this article. In any case where the

indeterminate sentence is revoked or vacated, the person shall receive

credit against the definite sentence for each day spent in the custody

of the state department of corrections and community supervision.

* NB Effective September 1, 2027