NYSentencing

§ 60.08   Authorized  dispositions;  resentencing  of certain
                   controlled substance offenders.
    Any  person  convicted  of an offense and sentenced to prison
for an indeterminate sentence, the minimum of which was at  least
one  year  and  the maximum of which was life imprisonment, which
sentence was imposed pursuant to chapter two hundred seventy-six,
two  hundred  seventy-seven,  two  hundred  seventy-eight, or ten
hundred fifty-one of the laws of nineteen hundred  seventy-three,
and  for  which  such sentence was imposed upon conviction of the
crime of criminal possession of a  controlled  substance  in  the
first  degree,  criminal  possession of a controlled substance in
the second degree, criminal possession of a controlled  substance
in  the  third degree, criminal sale of a controlled substance in
the first degree, criminal sale of a controlled substance in  the
second  degree, or criminal sale of a controlled substance in the
third degree, and the  sole  controlled  substance  involved  was
methadone,  may  apply,  upon  notice to the appropriate district
attorney, for resentencing in the court which originally  imposed
sentence.
    Such  resentencing shall, unless substantial justice dictates
otherwise, be pursuant to the current  provisions  of  the  penal
law, 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.
    In cases where the proof before the court is not available or
is not sufficiently reliable to determine the amount of methadone
present  in  any  preparation,  compound,  mixture  or  substance
containing methadone, there shall exist a rebuttable  presumption
that   each  ounce  of  the  preparation,  compound,  mixture  or
substance contained sixty milligrams of methadone.