2006 New York Code - Sentence Of Imprisonment For Felony.



 
  § 70.00 Sentence of imprisonment for felony.
    * 1.  Indeterminate sentence. Except as provided in subdivisions four,
  five and six of this section, 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, 2009
    * 1.  Indeterminate  sentence. Except as provided in subdivisions four
  and five of this section, 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, 2009
    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.
    (b) For a class B 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 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, 2009

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