2006 New York Code - Authorized Dispositions; Other Class A, B, Certain C And D Felonies And Multiple Felony Offenders.

 
  §  60.05  Authorized  dispositions;  other  class  A, B, certain C and D
            felonies and multiple felony offenders.
    1. Applicability. Except as provided in section 60.04 of this  article
  governing  the  authorized  dispositions  applicable  to felony offenses
  defined in article two hundred twenty or two hundred twenty-one of  this
  chapter,  this  section  shall govern the dispositions authorized when a
  person is to be sentenced upon a conviction of a class A felony, a class
  B felony or a class C, class D or class E felony  specified  herein,  or
  when  a  person  is  to  be sentenced upon a conviction of a felony as a
  multiple felony offender.
    2. Class A felony. Except as provided in subdivisions three  and  four
  of  section  70.06  of this chapter, every person convicted of a class A
  felony must be sentenced to  imprisonment  in  accordance  with  section
  70.00  of  this  title, unless such person is convicted of murder in the
  first degree and is sentenced in accordance with section 60.06  of  this
  article.
    3.  Class  B  felony.  Except  as  provided in subdivision six of this
  section, every person convicted of a class B violent felony  offense  as
  defined  in  subdivision  one  of  section  70.02 of this title, must be
  sentenced to imprisonment in accordance with such  section  70.02;  and,
  except  as  provided  in  subdivision  six of this section, every person
  convicted of any other class B felony must be sentenced to  imprisonment
  in accordance with section 70.00 of this title.
    4.  Certain  class  C felonies. Except as provided in subdivision six,
  every person convicted of a class C violent felony offense as defined in
  subdivision one of section 70.02 of this title,  must  be  sentenced  to
  imprisonment in accordance with section 70.02 of this title; and, except
  as  provided  in subdivision six of this section, every person convicted
  of the class C felonies of:  attempt  to  commit  any  of  the  class  B
  felonies  of  bribery  in the first degree as defined in section 200.04,
  bribe receiving in the  first  degree  as  defined  in  section  200.12,
  conspiracy  in  the  second  degree  as  defined  in  section 105.15 and
  criminal mischief in the first degree  as  defined  in  section  145.12;
  criminal  usury  in  the  first  degree  as  defined  in section 190.42,
  rewarding official misconduct in the first degree as defined in  section
  200.22,  receiving reward for official misconduct in the first degree as
  defined in section 200.27, attempt to promote prostitution in the  first
  degree  as  defined  in  section  230.32,  promoting prostitution in the
  second degree as defined in section 230.30, arson in the third degree as
  defined in  section  150.10  of  this  chapter,  must  be  sentenced  to
  imprisonment in accordance with section 70.00 of this title.
    5.  Certain class D felonies. Except as provided in subdivision six of
  this section, every person convicted of the class D felonies of  assault
  in the second degree as defined in section 120.05 or attempt to commit a
  class  C  felony  as  defined in section 230.30 of this chapter, must be
  sentenced in accordance with section 70.00 or 85.00 of this title.
    6. Multiple felony offender. When the court imposes  sentence  upon  a
  second violent felony offender, as defined in section 70.04, or a second
  felony  offender,  as  defined in section 70.06, the court must impose a
  sentence of imprisonment in accordance with section 70.04 or  70.06,  as
  the  case  may  be,  unless  it  imposes  a  sentence of imprisonment in
  accordance with section 70.08 or 70.10.
    7. Fines. Where the  court  imposes  a  sentence  of  imprisonment  in
  accordance  with  this  section,  the  court  also  may  impose  a  fine
  authorized by article eighty and in such case the sentence shall be both
  imprisonment and a fine.