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New York Penal Law Section 60.01 - Authorized Dispositions; Generally.

Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 60.01 - Authorized Dispositions; Generally.

 
    § 60.01 Authorized dispositions; generally.
    1.  Applicability. Except as otherwise specified in this article, when
  the court imposes sentence upon a person convicted of  an  offense,  the
  court must impose a sentence prescribed by this section.
    2. Revocable dispositions.
    (a) The court may impose a revocable sentence as herein specified:
    (i)  the court, where authorized by article sixty-five, may sentence a
  person to a period of probation or to a period of conditional  discharge
  as provided in that article; or
    (ii)  the court, where authorized by article eighty-five, may sentence
  a person to a term of intermittent  imprisonment  as  provided  in  that
  article.
    (b) A revocable sentence shall be deemed a tentative one to the extent
  that  it  may be altered or revoked in accordance with the provisions of
  the article under which it was imposed, but for all other purposes shall
  be deemed to be a final judgment of conviction.
    (c) In any case where the  court  imposes  a  sentence  of  probation,
  conditional  discharge,  or  a sentence of intermittent imprisonment, it
  may also impose a fine authorized by article eighty.
    (d) In any case where the court imposes a sentence of imprisonment not
  in excess of sixty days, for a misdemeanor  or  not  in  excess  of  six
  months  for  a  felony  or  in  the  case  of a sentence of intermittent
  imprisonment not in excess of four months, it may also impose a sentence
  of  probation  or  conditional  discharge  provided  that  the  term  of
  probation   or   conditional   discharge   together  with  the  term  of
  imprisonment shall not exceed  the  term  of  probation  or  conditional
  discharge authorized by article sixty-five of this chapter. The sentence
  of  imprisonment  shall  be a condition of and run concurrently with the
  sentence of probation or conditional discharge.
    3. Other dispositions. When a person is not sentenced as specified  in
  subdivision  two,  or  when  a  sentence specified in subdivision two is
  revoked, the sentence of the court must be as follows:
    (a) A term of imprisonment; or
    (b) A fine authorized by article eighty, provided, however, that  when
  the  conviction  is  of  a  class  B  felony or of any felony defined in
  article two hundred twenty, the sentence shall not consist solely  of  a
  fine; or
    (c) Both imprisonment and a fine; or
    (d)  Where  authorized  by  section  65.20, unconditional discharge as
  provided in that section; or
    (e) Following  revocation  of  a  sentence  of  conditional  discharge
  imposed  pursuant  to  section 65.05 of this chapter or paragraph (d) of
  subdivision two of this section, probation as provided in section  65.00
  of  this  chapter  or  to  the sentence of imprisonment and probation as
  provided for in paragraph (d) of subdivision two of this section.
    4. In any case where a person  has  been  sentenced  to  a  period  of
  probation imposed pursuant to section 65.00 of this chapter, if the part
  of  the  sentence that provides for probation is revoked, the court must
  sentence such person to imprisonment or to the sentence of  imprisonment
  and  probation  as  provided  for in paragraph (d) of subdivision two of
  this section.

Last modified: July 30, 2006