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60.09 - Authorized Dispositions; Resentencing of Certain Persons Convicted of Specified Controlled Substance Offenses.

NY Penal L § 60.09 (2019) (N/A)
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(i) if the conviction was for a class A-III offense the court may impose a new maximum term which shall be no less than three times the amount of the minimum term imposed in the original sentence and no more than twenty-five years;

(ii) if the conviction was for a class A-II offense the court may impose a new minimum term which shall be no less than three years imprisonment and no more than eight and one-third years;

(iii) upon resentence of a person as specified in paragraph (i) of this subdivision the court shall resentence the person to the same minimum term previously imposed;

(iv) upon resentence of a person as specified in paragraph (ii) of this subdivision the court shall impose a maximum term of life imprisonment;

(v) if the conviction was for an offense as specified in section 115.05 of this chapter and the offense which was the object of the criminal facilitation was a class A-III felony then the court shall set aside the conviction and substitute it with a conviction for violation of section 115.01 or 115.00 of this chapter, whichever is appropriate under the facts of the case, and impose a sentence in accordance with those provisions. c. Upon resentence as provided in this section the court may not impose a sentence greater than the sentence previously imposed.

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60.09 - Authorized Dispositions; Resentencing of Certain Persons Convicted of Specified Controlled Substance Offenses.