NYSentencing

§ 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  correctional  services  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 correctional services.
* NB Effective until September 1, 2023

* § 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 correctional services 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 correctional services.
* NB Effective September 1, 2023