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This entry was published on 2014-09-22
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SECTION 60.08
Authorized dispositions; resentencing of certain controlled substance offenders
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 60
§ 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.