N.Y. Penal Law § 70.85: Transitional exception to determinate sentencing laws

§ 70.85 Transitional exception to determinate sentencing laws.

This section shall apply only to cases in which a determinate sentence

was imposed between September first, nineteen hundred ninety-eight, and

the effective date of this section, and was required by law to include a

term of post-release supervision, but the court did not explicitly state

such a term when pronouncing sentence. When such a case is again before

the court pursuant to section six hundred one-d of the correction law or

otherwise, for consideration of whether to resentence, the court may,

notwithstanding any other provision of law but only on consent of the

district attorney, re-impose the originally imposed determinate sentence

of imprisonment without any term of post-release supervision, which then

shall be deemed a lawful sentence.