2006 New York Code - Designation Of Offenses

 
  § 55.10 Designation of offenses.
    1. Felonies.
    (a)  The particular classification or subclassification of each felony
  defined in this chapter  is  expressly  designated  in  the  section  or
  article defining it.
    (b)  Any offense defined outside this chapter which is declared by law
  to be a felony without specification of the classification  thereof,  or
  for  which  a  law outside this chapter provides a sentence to a term of
  imprisonment in excess of one year, shall be deemed a class E felony.
    2. Misdemeanors.
    (a) Each misdemeanor defined in this  chapter  is  either  a  class  A
  misdemeanor  or  a  class  B misdemeanor, as expressly designated in the
  section or article defining it.
    (b) Any offense defined outside this chapter which is declared by  law
  to  be a misdemeanor without specification of the classification thereof
  or of the sentence therefor shall be deemed a class A misdemeanor.
    (c) Except as provided in paragraph (b) of subdivision three, where an
  offense is defined outside this chapter and a  sentence  to  a  term  of
  imprisonment  in excess of fifteen days but not in excess of one year is
  provided in the law or ordinance defining  it,  such  offense  shall  be
  deemed an unclassified misdemeanor.
    3.  Violations.  Every  violation defined in this chapter is expressly
  designated as such. Any offense defined outside this  chapter  which  is
  not expressly designated a violation shall be deemed a violation if:
    (a)  Notwithstanding  any  other  designation  specified in the law or
  ordinance defining it, a sentence to a term of imprisonment which is not
  in excess of fifteen days is provided  therein,  or  the  only  sentence
  provided therein is a fine; or
    (b)  A sentence to a term of imprisonment in excess of fifteen days is
  provided for such offense in a law or ordinance  enacted  prior  to  the
  effective  date of this chapter but the offense was not a crime prior to
  that date.
    4. Traffic infraction. Notwithstanding any  other  provision  of  this
  section, an offense which is defined as a "traffic infraction" shall not
  be  deemed  a  violation  or  a  misdemeanor  by  virtue of the sentence
  prescribed therefor.