§ 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.\n
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