New York Laws
Article 22 - Miscellaneous Provisions
601-D - Post-Release Supervision; Certain Cases.

(b) The court shall promptly seek to obtain sentencing minutes, plea
minutes and any other records and shall provide copies to the parties
and conduct any reconstruction proceedings that may be necessary to
determine whether to resentence such person.
(c) The court shall commence a proceeding to consider resentence no
later than thirty days after receiving notice pursuant to subdivision
two of this section.
(d) The court shall, no later than forty days after receipt of such
notice, issue and enter a written determination and order, copies of
which shall be immediately provided to the district attorney, the
designated person, his or her counsel and the department along with any
sentencing minutes pursuant to section 380.70 of the criminal procedure
law.
(e) The designated person may, with counsel, knowingly consent to
extend the time periods specified in paragraphs (c) and (d) of this
subdivision. The people may apply to the court for an extension of ten
days on the basis of extraordinary circumstances that preclude final

resolution within such period of the question of whether the defendant
will be resentenced. The department shall be notified by the court of
any such extension.
5. The court shall promptly notify the agency that referred a
designated person whenever it (a) resentences the defendant to a
sentence that includes a term of post-release supervision; or (b)
determines that it will not resentence the defendant under this section
or otherwise. Upon the conclusion of the proceeding, the court shall
furnish the parties and the agency that referred the designated person
with an accurate copy of the current order of commitment for the person.
6. In any case in which the department notifies the court of a
designated person, and has not been informed that the court has made a
determination in accordance with paragraph (d) of subdivision four of
this section (unless extended pursuant to paragraph (e) of such
subdivision), the department may notify the court that it has not
received a determination and, in any event, shall adjust its records
with respect to post-release supervision noting that the court has not,
in accordance with subdivision four of this section, imposed a sentence
of post-release supervision.
7. When the department complies with this section as to a person
confined in state prison, it need not separately follow the procedures
set forth in section six hundred one-a of this article.
8. Nothing in this section shall affect the power of any court to
hear, consider and decide any petition, motion or proceeding pursuant to
article four hundred forty of the criminal procedure law, article
seventy or seventy-eight of the civil practice law and rules, or any
authorized proceeding.