§ 60.08 Authorized dispositions; resentencing of certain controlled\n substance offenders.\n Any person convicted of an offense and sentenced to prison for an\nindeterminate sentence, the minimum of which was at least one year and\nthe maximum of which was life imprisonment, which sentence was imposed\npursuant to chapter two hundred seventy-six, two hundred seventy-seven,\ntwo hundred seventy-eight, or ten hundred fifty-one of the laws of\nnineteen hundred seventy-three, and for which such sentence was imposed\nupon conviction of the crime of criminal possession of a controlled\nsubstance in the first degree, criminal possession of a controlled\nsubstance in the second degree, criminal possession of a controlled\nsubstance in the third degree, criminal sale of a controlled substance\nin the first degree, criminal sale of a controlled substance in the\nsecond degree, or criminal sale of a controlled substance in the third\ndegree, and the sole controlled substance involved was methadone, may\napply, upon notice to the appropriate district attorney, for\nresentencing in the court which originally imposed sentence.\n Such resentencing shall, unless substantial justice dictates\notherwise, be pursuant to the current provisions of the penal law, and\nshall include credit for any jail time incurred upon the subject\nconviction as well as credit for any period of incarceration incurred\npursuant to the sentence originally imposed.\n In cases where the proof before the court is not available or is not\nsufficiently reliable to determine the amount of methadone present in\nany preparation, compound, mixture or substance containing methadone,\nthere shall exist a rebuttable presumption that each ounce of the\npreparation, compound, mixture or substance contained sixty milligrams\nof methadone.\n
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