N.Y. Laws » CHAPTER Penal / PART Sentences / TITLE Sentences / ARTICLE Sentences of Imprisonment
New York Consolidated Laws

N.Y. Penal Law § 70.35 (2026)

Merger of certain definite and indeterminate or determinate sentences

✓ current as of May 2026
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* § 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
Notes of Decisions
Cited in 75 cases (7 in the last 5 years), 1985–2024 · leading case: People v. Black, 65 A.D.3d 811 (N.Y. App. Div. 2009).
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People v. Black, 65 A.D.3d 811 (N.Y. App. Div. 2009). · cites it 2× “Thus, the one-year terms imposed for the convictions of endangering the welfare of a child under counts 3, 6, 9 and 24 of the indictment are required to run concurrently with the sentences for the corresponding convictions of rape in the second degree under counts 2, 5, 8 and 23…”
People v. Weber, 40 A.D.3d 1267 (N.Y. App. Div. 2007). “By operation of law, defendant’s definite sentences here merged with and are satisfied by his service of *1269 his indeterminate sentences imposed at his trial on the severed charges (see Penal Law § 70.35; People v Muscoreil, 237 AD2d 970, 971 [1997]; see also People v Leabo,…”
People v. Abuhamra, 107 A.D.3d 1630 (N.Y. App. Div. 2013). “We nevertheless conclude that the sentence is illegal insofar as the court directed that the definite sentence imposed on count four of the indictment shall run consecutively to the determinate sentences imposed on counts one and two (see Penal Law § 70.”
People v. Principato, 2021 NY Slip Op 03061 (N.Y. App. Div. 2021). “However, pursuant to Penal Law § 70.35, if the defendant were convicted of both counts, his corresponding sentences would run concurrently by operation of law ( see People v Keller , 168 AD3d at 1099-1100).”
People v. Leabo, 644 N.E.2d 1376 (N.Y. 1994). “As the court below noted, Penal Law § 70.35 is applicable, since the criminal mischief offense was committed before the indeterminate sentence was imposed.”
People v. Shorter, 6 A.D.3d 1204 (N.Y. App. Div. 2004). “We agree with defendant, however, and the People correctly *1206 concede, that the court erred in directing that the definite sentences imposed on the misdemeanor counts shall run consecutively to the indeterminate sentence imposed on the felony count (see Penal Law § 70.35),…”
People v. Young, 115 A.D.3d 1013 (N.Y. App. Div. 2014). “County Court sentenced him to one year terms for each of the misdemeanor convictions, which were merged by operation of law (see Penal Law § 70.35) into the sentence of 3 to 6 years in prison for reckless endangerment in *1014 the first degree.”
People v. Lawrence, 297 A.D.2d 290 (N.Y. App. Div. 2002). “Penal Law § 70.35 provides that “service of an indeterminate * * * sentence * * * shall satisfy any definite sentence of imprisonment imposed on a person for an offense committed prior to the time the indeterminate * * * sentence was imposed,” and “contemplates that the definite…”
People v. Massia, 131 A.D.3d 1280 (N.Y. App. Div. 2015). “Nevertheless, as the Department of Corrections and Community Supervision must calculate the period of incarceration in accordance with Penal Law § 70.35, no action by this Court is necessary (see People v Piznarski, 113 AD3d at 182 n 11).”
People v. Little, 139 A.D.3d 1356 (N.Y. App. Div. 2016). “People v Abuhamra, 107 AD3d 1630, 1631 [2013], lv denied 22 NY3d 1038 [2013]), we modify the judgment by directing that the definite sentence imposed on the reckless endangerment misdemeanor count shall run concurrently with the determinate sentence imposed on the felony…”
People v. Shay, 130 A.D.3d 1499 (N.Y. App. Div. 2015). “We agree with defendant, however, and the People again correctly concede, that the court erred in directing that the definite sentences imposed on the misdemeanor counts shall run consecutively to the indeterminate sentence imposed on the felony count (see Penal Law § 70.35). We…”
People v. Sanchez, 195 A.D.2d 578 (N.Y. App. Div. 1993). “We also note that the definite terms of imprisonment must run concurrently to the indefinite terms of imprisonment (see, Penal Law § 70.35). We have considered the defendant’s remaining contentions and find them to be without merit.”
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