New York statute
N.Y. Penal Law § 70.35 — Merger of certain definite and indeterminate or determinate sentences
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 70: Sentences of Imprisonment, New York Penal Law.
Full text of N.Y. Penal Law § 70.35
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
* § 70.35 Merger of certain definite and indeterminate or determinate
sentences.
The service of an indeterminate or determinate sentence of
imprisonment shall satisfy any definite sentence of imprisonment imposed
on a person for an offense committed prior to the time the indeterminate
or determinate sentence was imposed, except as provided in paragraph (b)
of subdivision five of section 70.25 of this article. A person who is
serving a definite sentence at the time an indeterminate or determinate
sentence is imposed shall be delivered to the custody of the state
department of corrections and community supervision to commence service
of the indeterminate or determinate sentence immediately unless the
person is serving a definite sentence pursuant to paragraph (b) of
subdivision five of section 70.25 of this article. In any case where the
indeterminate or determinate sentence is revoked or vacated, the person
shall receive credit against the definite sentence for each day spent in
the custody of the state department of corrections and community
supervision.
* NB Effective until September 1, 2027
* § 70.35 Merger of certain definite and indeterminate sentences.
The service of an indeterminate sentence of imprisonment shall satisfy
any definite sentence of imprisonment imposed on a person for an offense
committed prior to the time the indeterminate sentence was imposed,
except as provided in paragraph (b) of subdivision five of section 70.25
of this article. A person who is serving a definite sentence at the time
an indeterminate sentence is imposed shall be delivered to the custody
of the state department of corrections and community supervision to
commence service of the indeterminate sentence immediately unless the
person is serving a definite sentence pursuant to paragraph (b) of
subdivision five of section 70.25 of this article. In any case where the
indeterminate sentence is revoked or vacated, the person shall receive
credit against the definite sentence for each day spent in the custody
of the state department of corrections and community supervision.
* NB Effective September 1, 2027
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