{"data":{"id":"us-ny/n.y.-penal-law-70.85","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 70.85","heading":"Transitional exception to determinate sentencing laws","body":"§ 70.85 Transitional exception to determinate sentencing laws.\n  This section shall apply only to cases in which a determinate sentence\nwas imposed between September first, nineteen hundred ninety-eight, and\nthe effective date of this section, and was required by law to include a\nterm of post-release supervision, but the court did not explicitly state\nsuch a term when pronouncing sentence. When such a case is again before\nthe court pursuant to section six hundred one-d of the correction law or\notherwise, for consideration of whether to resentence, the court may,\nnotwithstanding any other provision of law but only on consent of the\ndistrict attorney, re-impose the originally imposed determinate sentence\nof imprisonment without any term of post-release supervision, which then\nshall be deemed a lawful sentence.","path":["Penal Law","Part 2. Sentences","Title E. Sentences","Article 70. Sentences of Imprisonment"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/70.85","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"0c6fe13813dae8fe661b2682308c05f6c4829b5f6ed234094576c367d01dfff8","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-70.80","next":"us-ny/n.y.-penal-law-80.00"},"notice":"GroundRules: Original legal text. Not legal advice."}