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New York Penal - Article 70 - § 70.00 Sentence of Imprisonment for Felony

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Penal 
 
  § 70.00 Sentence of imprisonment for felony.
    * 1.  Indeterminate sentence. Except as provided in subdivisions four,
  five and six of this  section  or  section  70.80  of  this  article,  a
  sentence  of  imprisonment  for a felony, other than a felony defined in
  article two hundred twenty or two hundred twenty-one  of  this  chapter,
  shall be an indeterminate sentence. When such a sentence is imposed, the
  court  shall  impose a maximum term in accordance with the provisions of
  subdivision two of this section and the minimum period  of  imprisonment
  shall be as provided in subdivision three of this section.
    * NB Effective until September 1, 2015
    * 1.  Indeterminate  sentence. Except as provided in subdivisions four
  and five of this section or section 70.80 of this article, a sentence of
  imprisonment for a felony, other than a felony defined  in  article  two
  hundred  twenty  or  two hundred twenty-one of this chapter, shall be an
  indeterminate sentence. When such a sentence is imposed, the court shall
  impose a maximum term in accordance with the provisions  of  subdivision
  two  of  this section and the minimum period of imprisonment shall be as
  provided in subdivision three of this section.
    * NB Effective September 1, 2015
    2. Maximum term of sentence. The  maximum  term  of  an  indeterminate
  sentence  shall  be  at least three years and the term shall be fixed as
  follows:
    (a) For a class A felony, the term shall be life imprisonment;
    (b) For a class B felony, the term shall be fixed by  the  court,  and
  shall not exceed twenty-five years;
    (c)  For  a  class C felony, the term shall be fixed by the court, and
  shall not exceed fifteen years;
    (d) For a class D felony, the term shall be fixed by  the  court,  and
  shall not exceed seven years; and
    (e)  For  a  class E felony, the term shall be fixed by the court, and
  shall not exceed four years.
    3. Minimum period of imprisonment. The minimum period of  imprisonment
  under  an indeterminate sentence shall be at least one year and shall be
  fixed as follows:
    (a) In the case of a class A felony, the minimum period shall be fixed
  by the court and specified in the sentence.
    (i) For a class A-I felony, such minimum period shall not be less than
  fifteen years nor more than twenty-five years; provided,  however,  that
  (A)   where  a  sentence,  other  than  a  sentence  of  death  or  life
  imprisonment without parole, is imposed upon a  defendant  convicted  of
  murder  in the first degree as defined in section 125.27 of this chapter
  such minimum period shall be not less than twenty years  nor  more  than
  twenty-five years, and, (B) where a sentence is imposed upon a defendant
  convicted  of murder in the second degree as defined in subdivision five
  of section 125.25 of this chapter or convicted of aggravated  murder  as
  defined  in  section  125.26 of this chapter, the sentence shall be life
  imprisonment without parole, and, (C) where a sentence is imposed upon a
  defendant convicted of attempted murder in the first degree  as  defined
  in article one hundred ten of this chapter and subparagraph (i), (ii) or
  (iii)  of  paragraph  (a)  of  subdivision  one  and  paragraph  (b)  of
  subdivision  one  of  section  125.27  of  this  chapter  or   attempted
  aggravated  murder as defined in article one hundred ten of this chapter
  and section 125.26 of this chapter such minimum period shall be not less
  than twenty years nor more than forty years.
    (ii) For a class A-II felony, such minimum period shall  not  be  less
  than  three years nor more than eight years four months, except that for
  the class A-II felony of predatory sexual assault as defined in  section
  130.95  of  this  chapter  or  the class A-II felony of predatory sexual

  assault against a child as defined in section 130.96  of  this  chapter,
  such  minimum  period  shall  be  not  less than ten years nor more than
  twenty-five years.
    (b)  For  any  other  felony, the minimum period shall be fixed by the
  court and specified in the sentence and shall be not less than one  year
  nor more than one-third of the maximum term imposed.
    4.  Alternative  definite  sentence for class D and E felonies. When a
  person, other than a second or persistent felony offender, is  sentenced
  for  a  class  D  or class E felony, and the court, having regard to the
  nature and circumstances of the crime and to the history  and  character
  of  the  defendant, is of the opinion that a sentence of imprisonment is
  necessary but that it would be unduly harsh to impose  an  indeterminate
  or  determinate  sentence,  the  court may impose a definite sentence of
  imprisonment and fix a term of one year or less.
    5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
  provision  of  law,  a  defendant sentenced to life imprisonment without
  parole shall not  be  or  become  eligible  for  parole  or  conditional
  release.  For  purposes of commitment and custody, other than parole and
  conditional  release,  such  sentence  shall  be   deemed   to   be   an
  indeterminate   sentence.     A  defendant  may  be  sentenced  to  life
  imprisonment without parole upon conviction for the crime of  murder  in
  the  first  degree  as  defined in section 125.27 of this chapter and in
  accordance with the procedures provided by law for imposing  a  sentence
  for  such  crime.  A  defendant  must  be sentenced to life imprisonment
  without parole upon conviction for the crime of terrorism as defined  in
  section  490.25  of  this  chapter,  where  the  specified  offense  the
  defendant committed is  a  class  A-I  felony;  the  crime  of  criminal
  possession of a chemical weapon or biological weapon in the first degree
  as  defined  in section 490.45 of this chapter; or the crime of criminal
  use of a chemical weapon or biological weapon in  the  first  degree  as
  defined  in  section  490.55  of  this  chapter; provided, however, that
  nothing in this subdivision shall preclude  or  prevent  a  sentence  of
  death when the defendant is also convicted of the crime of murder in the
  first  degree as defined in section 125.27 of this chapter.  A defendant
  must be sentenced to life imprisonment without  parole  upon  conviction
  for  the  crime of murder in the second degree as defined in subdivision
  five of section 125.25 of this chapter or for the  crime  of  aggravated
  murder  as defined in subdivision one of section 125.26 of this chapter.
  A defendant may be sentenced to life imprisonment  without  parole  upon
  conviction  for the crime of aggravated murder as defined in subdivision
  two of section 125.26 of this chapter.
    * 6. Determinate sentence. Except as provided in subdivision  four  of
  this  section  and  subdivisions  two  and four of section 70.02, when a
  person is sentenced as a violent felony  offender  pursuant  to  section
  70.02  or  as a second violent felony offender pursuant to section 70.04
  or as a second felony offender on a  conviction  for  a  violent  felony
  offense  pursuant  to section 70.06, the court must impose a determinate
  sentence of imprisonment in  accordance  with  the  provisions  of  such
  sections and such sentence shall include, as a part thereof, a period of
  post-release supervision in accordance with section 70.45.
    * NB Repealed September 1, 2015
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Last modified: February 16, 2014