New York Penal Law Section 65.00 - Sentence Of Probation.

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    § 65.00 Sentence of probation.
    1.  Criteria.  (a)  Except  as  otherwise required by section 60.04 or
  60.05 of this title, and except as provided by paragraph (b) hereof, the
  court may sentence a person to a period of probation upon conviction  of
  any crime if the court, having regard to the nature and circumstances of
  the  crime and to the history, character and condition of the defendant,
  is of the opinion that:
    (i) Institutional confinement for the term authorized by  law  of  the
  defendant is or may not be necessary for the protection of the public;
    (ii)  the  defendant  is  in  need  of  guidance,  training  or  other
  assistance which, in his case, can be effectively  administered  through
  probation supervision; and
    (iii) such disposition is not inconsistent with the ends of justice.
    (b) The court, with the concurrence of either the administrative judge
  of  the  court  or  of  the  judicial district within which the court is
  situated or such administrative judge as the presiding  justice  of  the
  appropriate appellate division shall designate, may sentence a person to
  a  period of probation upon conviction of a class A-II felony or a class
  B felony defined in article two hundred twenty if the prosecutor  either
  orally  on  the  record  or  in  a  writing  filed  with  the indictment
  recommends that the court sentence such person to a period of  probation
  upon the ground that such person has or is providing material assistance
  in  the  investigation,  apprehension or prosecution of any person for a
  felony defined in article two hundred  twenty  or  the  attempt  or  the
  conspiracy to commit any such felony, and if the court, having regard to
  the  nature and circumstances of the crime and to the history, character
  and condition of the defendant is of the opinion that:
    (i) Institutional confinement of the defendant is  not  necessary  for
  the protection of the public;
    (ii)  The  defendant  is  in  need  of  guidance,  training  or  other
  assistance which, in his case, can be effectively  administered  through
  probation supervision;
    (iii)  The  defendant  has  or is providing material assistance in the
  investigation, apprehension or prosecution of  a  person  for  a  felony
  defined  in  article  two hundred twenty or the attempt or conspiracy to
  commit any such felony; and
    (iv) Such disposition is not inconsistent with the ends of justice.
    * Provided, however, that the court shall not, except  to  the  extent
  authorized  by paragraph (d) of subdivision two of section 60.01 of this
  chapter, impose a sentence of probation in any case where it sentences a
  defendant for more than one crime and imposes a sentence of imprisonment
  for any one of the crimes, or where  the  defendant  is  subject  to  an
  undischarged indeterminate or determinate sentence of imprisonment which
  was  imposed  at  a  previous time by a court of this state and has more
  than one year to run.
    * NB Effective until September 1, 2009
    * Provided, however, that the court shall not, except  to  the  extent
  authorized  by paragraph (d) of subdivision two of section 60.01 of this
  chapter, impose a sentence of probation in any case where it sentences a
  defendant for more than one crime and imposes a sentence of imprisonment
  for any one of the crimes, or where  the  defendant  is  subject  to  an
  undischarged indeterminate or reformatory sentence of imprisonment which
  was  imposed  at  a  previous time by a court of this state and has more
  than one year to run.
    * NB Effective September 1, 2009
    2. Sentence. When a person is sentenced to a period of  probation  the
  court  shall,  except  to  the  extent  authorized  by  paragraph (d) of
  subdivision two of section 60.01 of  this  chapter,  impose  the  period
  authorized  by  subdivision  three of this section and shall specify, in
  accordance with section 65.10, the conditions to be complied  with.  The
  court  may modify or enlarge the conditions or, if the defendant commits
  an  additional  offense  or violates a condition, revoke the sentence at
  any time prior to  the  expiration  or  termination  of  the  period  of
  probation.
    3.  Periods  of probation. Unless terminated sooner in accordance with
  the criminal procedure law, the period of probation shall be as follows:
    (a) (i) For a felony, other than a class A-II  felony  or  a  class  B
  felony defined in article two hundred twenty of this chapter or a sexual
  assault, the period of probation shall be five years;
    (ii)  For a class A-II felony controlled substance offender as defined
  in paragraph (a) of subdivision one of section 70.71 of this chapter  or
  a  class  B  second  felony drug offender as defined in paragraph (b) of
  subdivision one  of  section  70.70  of  this  chapter,  the  period  of
  probation  shall  be  life,  and  for  a class B felony drug offender as
  defined in paragraph (a) of subdivision one of  section  70.70  of  this
  chapter, the period of probation shall be twenty-five years;
    (iii)  For  a  felony sexual assault, the period of probation shall be
  ten years.
    (b) (i) For a class A misdemeanor, other than a  sexual  assault,  the
  period of probation shall be three years;
    (ii) For a class A misdemeanor sexual assault, the period of probation
  shall be six years.
    (c)  For  a  class B misdemeanor, the period of probation shall be one
  year, except the period of probation shall be no less than one year  and
  no  more than three years for the class B misdemeanor of public lewdness
  as defined in section 245.00 of this chapter;
    (d) For an unclassified misdemeanor, the period of probation shall  be
  three  years  if the authorized sentence of imprisonment is in excess of
  three months, otherwise the period of probation shall be one year.
    For the purposes of this section, the term "sexual assault"  means  an
  offense   defined   in   article  one  hundred  thirty  or  two  hundred
  sixty-three, or in section 255.25 of this  chapter,  or  an  attempt  to
  commit any of the foregoing offenses.
    4.  In  any  case  where  a  court  pursuant  to  its  authority under
  subdivision four of section 60.01 of this chapter revokes probation  and
  sentences  such  person  to  imprisonment  and probation, as provided in
  paragraph (d) of subdivision two of section 60.01 of this  chapter,  the
  period  of  probation  shall  be  the  remaining  period of the original
  probation sentence or one year whichever is greater.

Last modified: July 30, 2006