onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

New York Penal - Article 70 - § 70.15 Sentences of Imprisonment for Misdemeanors and Violation

Legal Research Home > New York Laws > Penal > New York Penal - Article 70 - § 70.15 Sentences of Imprisonment for Misdemeanors and Violation


Penal 
 
  § 70.15 Sentences of imprisonment for misdemeanors and violation.
    1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
  imposed  the  term shall be fixed by the court, and shall not exceed one
  year; provided, however, that a sentence of imprisonment imposed upon  a
  conviction  of  criminal  possession of a weapon in the fourth degree as
  defined in subdivision one of section 265.01 must be for a period of  no
  less  than  one  year  when  the  conviction was the result of a plea of
  guilty entered in satisfaction of an indictment  or  any  count  thereof
  charging  the  defendant  with  the  class  D  violent felony offense of
  criminal possession of a weapon  in  the  third  degree  as  defined  in
  subdivision four of section 265.02, except that the court may impose any
  other  sentence  authorized  by  law  upon  a  person  who  has not been
  previously  convicted  in  the  five  years  immediately  preceding  the
  commission  of the offense for a felony or a class A misdemeanor defined
  in  this  chapter,  if  the  court  having  regard  to  the  nature  and
  circumstances  of  the  crime  and  to  the history and character of the
  defendant, finds on the record that such sentence would be unduly  harsh
  and that the alternative sentence would be consistent with public safety
  and does not deprecate the seriousness of the crime.
    2.  Class  B  misdemeanor.  A  sentence  of imprisonment for a class B
  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
  imposed the term shall be fixed by the court, and shall not exceed three
  months.
    3.  Unclassified  misdemeanor.  A  sentence  of  imprisonment  for  an
  unclassified misdemeanor shall be  a  definite  sentence.  When  such  a
  sentence  is  imposed the term shall be fixed by the court, and shall be
  in accordance with the sentence specified in the law or  ordinance  that
  defines the crime.
    4.  Violation.  A  sentence of imprisonment for a violation shall be a
  definite sentence. When such a sentence is imposed  the  term  shall  be
  fixed by the court, and shall not exceed fifteen days.
    In  the  case  of  a  violation  defined  outside this chapter, if the
  sentence is expressly specified in the law or ordinance that defines the
  offense and consists solely of a fine, no term of imprisonment shall  be
  imposed.
Section:  Previous  70.02  70.04  70.05  70.06  70.07  70.08  70.10  70.15  70.20  70.25  70.30  70.35  70.40  70.45  70.70  Next

Speak with a Lawyer in New York

Last modified: February 16, 2014