N.Y. COR Law § 601-A

§ 601-a. Return of persons erroneously sentenced for the purpose of\nresentence. Whenever it shall appear to the satisfaction of the\ndepartment based on facts submitted on behalf of a person sentenced and\nconfined in a state prison, that any such person has been erroneously\nsentenced, it shall be the duty of the department to communicate with\nthe sentencing court, the incarcerated individual's defense attorney and\nthe district attorney of the county in which such person was convicted.\nIf upon investigation, the sentencing court, the defense attorney or the\ndistrict attorney believes that the person has been so erroneously\nsentenced, the sentencing court, or the district attorney acting at the\ndirection of the sentencing court, shall notify the department and\narrange for the person to be heard and properly resentenced. The\ndepartment thereupon shall comply with any court order to produce such\nperson from such prison and cause him or her to be taken before the\ncourt in which he or she was sentenced for the purpose of resentence.\nThe cost and expense of the return of such person necessarily incurred\nshall be a charge against the county from which he or she was committed.\n