N.Y. PEN Law § 60.09

§ 60.09 Authorized dispositions; resentencing of certain persons\n convicted of specified controlled substance offenses.\n a. Any person convicted of an offense as defined in section 115.05,\n220.16, 220.18, 220.39 or 220.41 of this chapter or of an attempt\nthereof, for an act committed on or after September first, nineteen\nhundred seventy-three but prior to the date on which the provisions of\nthis section become effective, may, upon notice to the appropriate\ndistrict attorney, apply for resentencing in the court which originally\nimposed sentence. Such resentencing shall be in accordance with the\nprovisions of subdivision (b) of this section and shall include credit\nfor any jail time incurred upon the subject conviction as well as credit\nfor any period of incarceration incurred pursuant to the sentence\noriginally imposed.\n b. A court, upon an application specified in subdivision (a) of this\nsection may resentence a person as follows:\n (i) if the conviction was for a class A-III offense the court may\nimpose a new maximum term which shall be no less than three times the\namount of the minimum term imposed in the original sentence and no more\nthan twenty-five years;\n (ii) if the conviction was for a class A-II offense the court may\nimpose a new minimum term which shall be no less than three years\nimprisonment and no more than eight and one-third years;\n (iii) upon resentence of a person as specified in paragraph (i) of\nthis subdivision the court shall resentence the person to the same\nminimum term previously imposed;\n (iv) upon resentence of a person as specified in paragraph (ii) of\nthis subdivision the court shall impose a maximum term of life\nimprisonment;\n (v) if the conviction was for an offense as specified in section\n115.05 of this chapter and the offense which was the object of the\ncriminal facilitation was a class A-III felony then the court shall set\naside the conviction and substitute it with a conviction for violation\nof section 115.01 or 115.00 of this chapter, whichever is appropriate\nunder the facts of the case, and impose a sentence in accordance with\nthose provisions.\n c. Upon resentence as provided in this section the court may not\nimpose a sentence greater than the sentence previously imposed.\n