§ 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.
NYSentencing