0 chapters · 897 sections in this title.
N.Y. Penal Law § 60.10-A Authorized disposition; adolescent offender
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§ 60.10-a Authorized disposition; adolescent offender.\n When an adolescent offender is convicted of an offense, the court\nshall sentence the defendant to any sentence authorized to be imposed on\na person who committed such offense at age eighteen or older. When a\nsentence is …
N.Y. Penal Law § 60.11 Authorized dispositions; criminal possession of a weapon in the fourth degree
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§ 60.11 Authorized dispositions; criminal possession of a weapon in the\n fourth degree.\n When a person is to be sentenced upon a conviction of the crime of\ncriminal possession of a weapon in the fourth degree as defined in\nsubdivision one of section 265.01 as a result of a pl…
N.Y. Penal Law § 60.11-A Authorized dispositions; certain criminal possession of a weapon in the third degree offenders
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§ 60.11-a Authorized dispositions; certain criminal possession of a\n weapon in the third degree offenders.\n When a person is to be sentenced upon conviction of the crime of\ncriminal possession of a weapon in the third degree as defined in\nsubdivision ten of section 265.02 of …
N.Y. Penal Law § 60.12 Authorized disposition; alternative sentence; domestic violence cases
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§ 60.12 Authorized disposition; alternative sentence; domestic violence\n cases.\n 1. Notwithstanding any other provision of law, where a court is\nimposing sentence upon a person pursuant to section 70.00, 70.02, 70.06\nor subdivision two or three of section 70.71 of this title,…
N.Y. Penal Law § 60.13 Authorized dispositions; felony sex offenses
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§ 60.13 Authorized dispositions; felony sex offenses.\n When a person is to be sentenced upon a conviction for any felony\ndefined in article one hundred thirty of this chapter, including a\nsexually motivated felony, or patronizing a person for prostitution in\nthe first degree …
N.Y. Penal Law § 60.20 Authorized dispositions; traffic infraction
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§ 60.20 Authorized dispositions; traffic infraction.\n 1. When a person is convicted of a traffic infraction, the sentence of\nthe court shall be as follows:\n (a) A period of conditional discharge, as provided in article\nsixty-five; or\n (b) Unconditional discharge as provided …
N.Y. Penal Law § 60.21 Authorized dispositions; driving while intoxicated or aggravated driving while intoxicated
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§ 60.21 Authorized dispositions; driving while intoxicated or aggravated\n driving while intoxicated.\n Notwithstanding paragraph (d) of subdivision two of section 60.01 of\nthis article, when a person is to be sentenced upon a conviction for a\nviolation of subdivision two, two-…
N.Y. Penal Law § 60.25 Authorized dispositions; corporation
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§ 60.25 Authorized dispositions; corporation.\n When a corporation is convicted of an offense, the sentence of the\ncourt shall be as follows:\n (a) A fine authorized by section 80.10; or\n (b) Where authorized by section 65.05, a period of conditional\ndischarge as provided in t…
N.Y. Penal Law § 60.27 Restitution and reparation
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§ 60.27 Restitution and reparation.\n 1. In addition to any of the dispositions authorized by this article,\nthe court shall consider restitution or reparation to the victim of the\ncrime and may require restitution or reparation as part of the sentence\nimposed upon a person con…
N.Y. Penal Law § 60.28 Authorized disposition; making graffiti and possession of graffiti instruments
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§ 60.28 Authorized disposition; making graffiti and possession of\n graffiti instruments.\n When a person is convicted of an offense defined in section 145.60 or\n145.65 of this chapter, or of an attempt to commit such offense, and the\nsentence imposed by the court for such conv…
N.Y. Penal Law § 60.29 Authorized disposition; cemetery desecration
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§ 60.29 Authorized disposition; cemetery desecration.\n When a person is convicted of an offense defined in section 145.22 or\n145.23 of this chapter or of an attempt to commit such an offense, and\nthe sentence imposed by the court for such conviction includes a\nsentence of pro…
N.Y. Penal Law § 60.30 Civil penalties
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§ 60.30 Civil penalties.\n This article does not deprive the court of any authority conferred by\nlaw to decree a forfeiture of property, suspend or cancel a license,\nremove a person from office, or impose any other civil penalty and any\nappropriate order exercising such author…
N.Y. Penal Law § 60.35 Mandatory surcharge, sex offender registration fee, DNA databank fee, supplemental sex offender victim fee and crime victim assistance fe...
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§ 60.35 Mandatory surcharge, sex offender registration fee, DNA databank\n fee, supplemental sex offender victim fee and crime victim\n assistance fee required in certain cases.\n 1. (a) Except as provided in section eighteen hundred nine of the\nvehicle and traffic law and secti…
N.Y. Penal Law § 60.36 Authorized dispositions; driving while intoxicated offenses
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§ 60.36 Authorized dispositions; driving while intoxicated offenses.\n Where a court is imposing a sentence for a violation of subdivision\ntwo, two-a, or three of section eleven hundred ninety-two of the vehicle\nand traffic law pursuant to sections 65.00 or 65.05 of this title …
N.Y. Penal Law § 60.37 Authorized disposition; certain offenses
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§ 60.37 Authorized disposition; certain offenses.\n When a person has been charged with an offense and the elements of\nsuch offense meet the criteria of an "eligible offense" and such person\nqualifies as an "eligible person" as such terms are defined in section\nfour hundred fi…
N.Y. Penal Law § 65.00 Sentence of probation
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§ 65.00 Sentence of probation.\n 1. Criteria. (a) Except as otherwise required by section 60.04 or\n60.05 of this title, and except as provided by paragraph (b) hereof, the\ncourt may sentence a person to a period of probation upon conviction of\nany crime if the court, having re…
N.Y. Penal Law § 65.05 Sentence of conditional discharge
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§ 65.05 Sentence of conditional discharge.\n 1. Criteria. (a) Except as otherwise required by section 60.05, the\ncourt may impose a sentence of conditional discharge for an offense if\nthe court, having regard to the nature and circumstances of the offense\nand to the history, c…
N.Y. Penal Law § 65.10 Conditions of probation and of conditional discharge
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§ 65.10 Conditions of probation and of conditional discharge.\n 1. In general. The conditions of probation and of conditional\ndischarge shall be such as the court, in its discretion, deems\nreasonably necessary to insure that the defendant will lead a\nlaw-abiding life or to ass…
N.Y. Penal Law § 65.15 Calculation of periods of probation and of conditional discharge
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§ 65.15 Calculation of periods of probation and of conditional\n discharge.\n 1. A period of probation or a period or additional period of\nconditional discharge commences on the day it is imposed. Multiple\nperiods, whether imposed at the same or at different times, shall run\nc…
N.Y. Penal Law § 65.20 Sentence of unconditional discharge
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§ 65.20 Sentence of unconditional discharge.\n 1. Criteria. The court may impose a sentence of unconditional\ndischarge in any case where it is authorized to impose a sentence of\nconditional discharge under section 65.05 if the court is of the opinion\nthat no proper purpose wou…
N.Y. Penal Law § 70.00 Sentence of imprisonment for felony
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§ 70.00 Sentence of imprisonment for felony.\n * 1. Indeterminate sentence. Except as provided in subdivisions four,\nfive and six of this section or section 70.80 of this article, a\nsentence of imprisonment for a felony, other than a felony defined in\narticle two hundred twent…
N.Y. Penal Law § 70.02 Sentence of imprisonment for a violent felony offense
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§ 70.02 Sentence of imprisonment for a violent felony offense.\n 1. Definition of a violent felony offense. A violent felony offense is\na class B violent felony offense, a class C violent felony offense, a\nclass D violent felony offense, or a class E violent felony offense,\nde…
N.Y. Penal Law § 70.04 Sentence of imprisonment for second violent felony offender
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§ 70.04 Sentence of imprisonment for second violent felony offender.\n 1. Definition of second violent felony offender.\n (a) A second violent felony offender is a person who stands convicted\nof a violent felony offense as defined in subdivision one of section\n70.02 after havin…
N.Y. Penal Law § 70.05 Sentence of imprisonment for juvenile offender
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§ 70.05 Sentence of imprisonment for juvenile offender.\n 1. Indeterminate sentence. A sentence of imprisonment for a felony\ncommitted by a juvenile offender shall be an indeterminate sentence.\nWhen such a sentence is imposed, the court shall impose a maximum term\nin accordanc…
N.Y. Penal Law § 70.06 Sentence of imprisonment for second felony offender
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§ 70.06 Sentence of imprisonment for second felony offender.\n 1. Definition of second felony offender.\n (a) A second felony offender is a person, other than a second violent\nfelony offender as defined in section 70.04, who stands convicted of a\nfelony defined in this chapter,…
N.Y. Penal Law § 70.07 Sentence of imprisonment for second child sexual assault felony offender
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§ 70.07 Sentence of imprisonment for second child sexual assault felony\n offender.\n 1. A person who stands convicted of a felony offense for a sexual\nassault against a child, having been subjected to a predicate felony\nconviction for a sexual assault against a child, must be …
N.Y. Penal Law § 70.08 Sentence of imprisonment for persistent violent felony offender; criteria
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§ 70.08 Sentence of imprisonment for persistent violent felony offender;\n criteria.\n 1. Definition of persistent violent felony offender.\n (a) A persistent violent felony offender is a person who stands\nconvicted of a violent felony offense as defined in subdivision one of\ns…
N.Y. Penal Law § 70.10 Sentence of imprisonment for persistent felony offender
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§ 70.10 Sentence of imprisonment for persistent felony offender.\n 1. Definition of persistent felony offender.\n (a) A persistent felony offender is a person, other than a persistent\nviolent felony offender as defined in section 70.08, who stands\nconvicted of a felony after ha…
N.Y. Penal Law § 70.15 Sentences of imprisonment for misdemeanors and violation
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§ 70.15 Sentences of imprisonment for misdemeanors and violation.\n 1. Class A misdemeanor. A sentence of imprisonment for a class A\nmisdemeanor shall be a definite sentence. When such a sentence is\nimposed the term shall be fixed by the court, and shall not exceed three\nhundr…
N.Y. Penal Law § 70.20 Place of imprisonment
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§ 70.20 Place of imprisonment.\n * 1. (a) Indeterminate or determinate sentence. Except as provided in\nsubdivision four of this section, when an indeterminate or determinate\nsentence of imprisonment is imposed, the court shall commit the\ndefendant to the custody of the state d…
N.Y. Penal Law § 70.25 Concurrent and consecutive terms of imprisonment
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§ 70.25 Concurrent and consecutive terms of imprisonment.\n 1. Except as provided in subdivisions two, two-a and five of this\nsection, when multiple sentences of imprisonment are imposed on a person\nat the same time, or when a person who is subject to any undischarged\nterm of …
N.Y. Penal Law § 70.30 Calculation of terms of imprisonment
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§ 70.30 Calculation of terms of imprisonment.\n 1. * Indeterminate or determinate sentences.\n * NB Effective until September 1, 2027\n * Indeterminate sentences.\n * NB Effective September 1, 2027\n * An indeterminate or determinate sentence of imprisonment commences\nwhen the p…
N.Y. Penal Law § 70.35 Merger of certain definite and indeterminate or determinate sentences
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* § 70.35 Merger of certain definite and indeterminate or determinate\n sentences.\n The service of an indeterminate or determinate sentence of\nimprisonment shall satisfy any definite sentence of imprisonment imposed\non a person for an offense committed prior to the time the in…
N.Y. Penal Law § 70.40 Release on parole; conditional release; presumptive release
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§ 70.40 Release on parole; conditional release; presumptive release.\n 1. Indeterminate sentence.\n * (a) Release on parole shall be in the discretion of the state board\nof parole, and such person shall continue service of his or her sentence\nor sentences while on parole, in ac…
N.Y. Penal Law § 70.45 Determinate sentence; post-release supervision
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§ 70.45 Determinate sentence; post-release supervision.\n 1. In general. When a court imposes a determinate sentence it shall in\neach case state not only the term of imprisonment, but also an\nadditional period of post-release supervision as determined pursuant to\nthis article.…
N.Y. Penal Law § 70.70 Sentence of imprisonment for felony drug offender other than a class A felony
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§ 70.70 Sentence of imprisonment for felony drug offender other than a\n class A felony.\n 1. For the purposes of this section, the following terms shall mean:\n (a) "Felony drug offender" means a defendant who stands convicted of\nany felony, defined in article two hundred twent…
N.Y. Penal Law § 70.71 Sentence of imprisonment for a class A felony drug offender
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§ 70.71 Sentence of imprisonment for a class A felony drug offender.\n 1. For the purposes of this section, the following terms shall mean:\n (a) "Felony drug offender" means a defendant who stands convicted of\nany class A felony as defined in article two hundred twenty of this\…
N.Y. Penal Law § 70.80 Sentences of imprisonment for conviction of a felony sex offense
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§ 70.80 Sentences of imprisonment for conviction of a felony sex\n offense.\n 1. Definitions. (a) For the purposes of this section, a "felony sex\noffense" means a conviction of any felony defined in article one hundred\nthirty of this chapter, including a sexually motivated felo…
N.Y. Penal Law § 70.85 Transitional exception to determinate sentencing laws
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§ 70.85 Transitional exception to determinate sentencing laws.\n This section shall apply only to cases in which a determinate sentence\nwas imposed between September first, nineteen hundred ninety-eight, and\nthe effective date of this section, and was required by law to include…
N.Y. Penal Law § 80.00 Fine for felony
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§ 80.00 Fine for felony.\n 1. A sentence to pay a fine for a felony shall be a sentence to pay an\namount, fixed by the court, not exceeding the higher of\n a. five thousand dollars; or\n b. double the amount of the defendant's gain from the commission of\nthe crime or, if the de…
N.Y. Penal Law § 80.05 Fines for misdemeanors and violation
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§ 80.05 Fines for misdemeanors and violation.\n 1. Class A misdemeanor. A sentence to pay a fine for a class A\nmisdemeanor shall be a sentence to pay an amount, fixed by the court,\nnot exceeding one thousand dollars, provided, however, that a sentence\nimposed for a violation o…
N.Y. Penal Law § 80.10 Fines for corporations
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§ 80.10 Fines for corporations.\n 1. In general. A sentence to pay a fine, when imposed on a corporation\nfor an offense defined in this chapter or for an offense defined outside\nthis chapter for which no special corporate fine is specified, shall be\na sentence to pay an amount…
N.Y. Penal Law § 80.15 Multiple offenses
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§ 80.15 Multiple offenses.\n Where a person is convicted of two or more offenses committed through\na single act or omission, or through an act or omission which in itself\nconstituted one of the offenses and also was a material element of the\nother, and the court imposes a sent…
N.Y. Penal Law § 85.00 Sentence of intermittent imprisonment
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§ 85.00 Sentence of intermittent imprisonment.\n 1. Definition. A sentence of intermittent imprisonment is a revocable\nsentence of imprisonment to be served on days or during certain periods\nof days, or both, specified by the court as part of the sentence. A\nperson who receive…
N.Y. Penal Law § 85.05 Modification and revocation of sentences of intermittent imprisonment
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§ 85.05 Modification and revocation of sentences of intermittent\n imprisonment.\n 1. Authorization. A sentence of intermittent imprisonment may be\nmodified by the court in its discretion upon application of the\ndefendant; and the court on its own motion may modify or revoke an…
N.Y. Penal Law § 85.10 Commitment; notifications; warrants
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§ 85.10 Commitment; notifications; warrants.\n 1. Commitment. Commitment under a sentence of intermittent\nimprisonment and execution of the judgment shall be in accordance with\nthe procedure applicable to a definite sentence of imprisonment, except\nthat: (a) detention of the d…
N.Y. Penal Law § 85.15 Subsequent sentences
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§ 85.15 Subsequent sentences.\n * 1. Indeterminate and determinate sentences. The service of an\nindeterminate or a determinate sentence of imprisonment shall satisfy\nany sentence of intermittent imprisonment imposed on a person for an\noffense committed prior to the time the in…