2006 New York Code - Concurrent And Consecutive Terms Of Imprisonment.



 
  § 70.25 Concurrent and consecutive terms of imprisonment.
    1.  Except  as  provided  in  subdivisions two, two-a and five of this
  section, when multiple sentences of imprisonment are imposed on a person
  at the same time, or when a person who is subject  to  any  undischarged
  term of imprisonment imposed at a previous time by a court of this state
  is  sentenced  to  an  additional  term of imprisonment, the sentence or
  sentences  imposed  by  the  court  shall  run  either  concurrently  or
  consecutively  with  respect  to each other and the undischarged term or
  terms in such manner as the court directs at the time  of  sentence.  If
  the  court does not specify the manner in which a sentence imposed by it
  is to run, the sentence shall run as follows:
    * (a) An indeterminate or determinate sentence shall run  concurrently
  with all other terms; and
    * NB Effective until September 1, 2009
    * (a)  An indeterminate sentence shall run concurrently with all other
  terms; and
    * NB Effective September 1, 2009
    (b) A definite sentence  shall  run  concurrently  with  any  sentence
  imposed at the same time and shall be consecutive to any other term.
    2.  When more than one sentence of imprisonment is imposed on a person
  for two or more offenses committed through a single act or omission,  or
  through  an  act  or  omission  which  in  itself constituted one of the
  offenses and also was a material element of the  other,  the  sentences,
  except  if  one  or more of such sentences is for a violation of section
  270.20 of this chapter, must run concurrently.
    * 2-a. When an indeterminate or determinate sentence  of  imprisonment
  is  imposed  pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision
  three or four of section 70.70 or subdivision three or four  of  section
  70.71  of  this  article,  and such person is subject to an undischarged
  indeterminate or determinate sentence of imprisonment imposed  prior  to
  the date on which the present crime was committed, the court must impose
  a  sentence  to  run  consecutively  with  respect  to such undischarged
  sentence.
    * NB Effective until September 1, 2009
    * 2-a. When an indeterminate or determinate sentence  of  imprisonment
  is  imposed  pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision
  three or four of section 70.70 or subdivision three or four  of  section
  70.71  of  this  article,  and such person is subject to an undischarged
  indeterminate sentence of imprisonment imposed  prior  to  the  date  on
  which  the present crime was committed, the court must impose a sentence
  to run consecutively with respect to such undischarged sentence.
    * NB Effective September 1, 2009
    * 2-b. When  a  person  is  convicted  of  a  violent  felony  offense
  committed  after arraignment and while released on recognizance or bail,
  but committed prior to the imposition of sentence on  a  pending  felony
  charge,  and if an indeterminate or determinate sentence of imprisonment
  is imposed  in  each  case,  such  sentences  shall  run  consecutively.
  Provided, however, that the court may, in the interest of justice, order
  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
  sentences are required by this subdivision if it finds either mitigating
  circumstances that bear directly upon the manner in which the crime  was
  committed  or,  where  the defendant was not the sole participant in the
  crime, the defendant's participation was relatively minor  although  not
  so  minor  as  to constitute a defense to the prosecution. The defendant
  and the district attorney shall have an opportunity to present  relevant
  information  to  assist  the  court in making this determination and the
  court may, in its discretion, conduct a  hearing  with  respect  to  any
  issue  bearing  upon  such  determination.  If the court determines that
  consecutive sentences should not be ordered, it shall make  a  statement
  on   the   record  of  the  facts  and  circumstances  upon  which  such
  determination is based.
    * NB Effective until September 1, 2009
    * 2-b.  When  a  person  is  convicted  of  a  violent  felony offense
  committed after arraignment and while released on recognizance or  bail,
  but  committed  prior  to the imposition of sentence on a pending felony
  charge, and if an indeterminate sentence of imprisonment is  imposed  in
  each  case,  such  sentences shall run consecutively. Provided, however,
  that the court may, in the interest of justice, order a sentence to  run
  concurrently  in a situation where consecutive sentences are required by
  this subdivision if it finds either mitigating circumstances  that  bear
  directly  upon the manner in which the crime was committed or, where the
  defendant was not the sole participant in  the  crime,  the  defendant's
  participation   was  relatively  minor  although  not  so  minor  as  to
  constitute a defense to the prosecution. The defendant and the  district
  attorney  shall  have  an opportunity to present relevant information to
  assist the court in making this determination and the court may, in  its
  discretion,  conduct  a  hearing  with respect to any issue bearing upon
  such determination. If the court determines that  consecutive  sentences
  should  not  be  ordered, it shall make a statement on the record of the
  facts and circumstances upon which such determination is based.
    * NB Effective September 1, 2009
    2-c. When a person is convicted of bail jumping in the  second  degree
  as  defined  in  section  215.56  or bail jumping in the first degree as
  defined in section 215.57 committed after arraignment and while released
  on recognizance or bail in  connection  with  a  pending  indictment  or
  information  charging  one or more felonies, at least one of which he is
  subsequently convicted, and if an indeterminate sentence of imprisonment
  is imposed  in  each  case,  such  sentences  shall  run  consecutively.
  Provided, however, that the court may, in the interest of justice, order
  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
  sentences are required  by  this  subdivision  if  it  finds  mitigating
  circumstances  that bear directly upon the manner in which the crime was
  committed. The  defendant  and  the  district  attorney  shall  have  an
  opportunity  to  present  relevant  information  to  assist the court in
  making this determination and the court may, in its discretion,  conduct
  a  hearing with respect to any issue bearing upon such determination. If
  the court determines that consecutive sentences should not  be  ordered,
  it  shall  make a statement on the record of the facts and circumstances
  upon which such determination is based.
    2-d. When a person is convicted of escape  in  the  second  degree  as
  defined  in  section  205.10 or escape in the first degree as defined in
  section 205.15 committed after issuance of a securing order, as  defined
  in  subdivision five of section 500.10 of the criminal procedure law, in
  connection with a pending indictment or information charging one or more
  felonies, at least one of which he is subsequently convicted, and if  an
  indeterminate  sentence  of  imprisonment  is imposed in each case, such
  sentences shall run consecutively. Provided,  however,  that  the  court
  may, in the interest of justice, order a sentence to run concurrently in
  a situation where consecutive sentences are required by this subdivision
  if  it finds mitigating circumstances that bear directly upon the manner
  in which the  crime  was  committed.  The  defendant  and  the  district
  attorney  shall  have  an opportunity to present relevant information to
  assist the court in making this determination and the court may, in  its
  discretion,  conduct  a  hearing  with respect to any issue bearing upon
  such determination. If the court determines that  consecutive  sentences
  should  not  be  ordered, it shall make a statement on the record of the
  facts and circumstances upon which such determination is based.
    2-e.  Whenever  a  person  is  convicted  of  course of sexual conduct
  against a child in the first degree as  defined  in  section  130.75  or
  course of sexual conduct against a child in the second degree as defined
  in  section  130.80 and any other crime under article one hundred thirty
  committed against the same child and within  the  period  charged  under
  section 130.75 or 130.80, the sentences must run concurrently.
    2-f. Whenever a person is convicted of facilitating a sex offense with
  a controlled substance as defined in section 130.90 of this chapter, the
  sentence  imposed  by  the  court for such offense may be ordered to run
  consecutively to any sentence imposed  upon  conviction  of  an  offense
  defined  in  article one hundred thirty of this chapter arising from the
  same criminal transaction.
    2-g. Whenever  a  person  is  convicted  of  unlawful  manufacture  of
  methamphetamine in the third degree as defined in section 220.73 of this
  chapter, unlawful manufacture of methamphetamine in the second degree as
  defined  in  section  220.74 of this chapter, or unlawful manufacture of
  methamphetamine in the first degree as defined in section 220.75 of this
  chapter, or any attempt to commit any of such offenses, and such  person
  is  also  convicted,  with  respect  to  such  unlawful  methamphetamine
  laboratory, of unlawful disposal of methamphetamine laboratory  material
  as  defined  in  section  220.76 of this chapter, the sentences must run
  concurrently.
    3. Where  consecutive  definite  sentences  of  imprisonment  are  not
  prohibited  by  subdivision  two  of  this  section and are imposed on a
  person for offenses which were committed as parts of a  single  incident
  or  transaction,  the aggregate of the terms of such sentences shall not
  exceed one year.
    4. When  a  person,  who  is  subject  to  any  undischarged  term  of
  imprisonment   imposed  at  a  previous  time  by  a  court  of  another
  jurisdiction,  is  sentenced  to  an  additional  term   or   terms   of
  imprisonment by a court of this state, the sentence or sentences imposed
  by  the  court  of this state, subject to the provisions of subdivisions
  one, two and three of this section, shall  run  either  concurrently  or
  consecutively  with  respect to such undischarged term in such manner as
  the court directs at the time of sentence. If the court  of  this  state
  does not specify the manner in which a sentence imposed by it is to run,
  the sentence or sentences shall run consecutively.
    5. * (a) Except as provided in paragraph (c) of this subdivision, when
  a  person  is  convicted  of assault in the second degree, as defined in
  subdivision seven of section  120.05  of  this  chapter,  any  definite,
  indeterminate  or  determinate term of imprisonment which may be imposed
  as a sentence upon  such  conviction  shall  run  consecutively  to  any
  undischarged term of imprisonment to which the defendant was subject and
  for which he was confined at the time of the assault.
    * NB Effective until September 1, 2009
    * (a)  Except as provided in paragraph (c) of this subdivision, when a
  person is convicted of assault in  the  second  degree,  as  defined  in
  subdivision  seven  of  section  120.05 of this chapter, any definite or
  indeterminate term of imprisonment which may be imposed  as  a  sentence
  upon such conviction shall run consecutively to any undischarged term of
  imprisonment  to  which  the  defendant was subject and for which he was
  confined at the time of the assault.
    * NB Effective September 1, 2009
    * (b) Except as provided in paragraph (c) of this subdivision, when  a
  person  is  convicted  of  assault  in  the second degree, as defined in
  subdivision seven of section  120.05  of  this  chapter,  any  definite,
  indeterminate  or  determinate term of imprisonment which may be imposed
  as a sentence upon such conviction shall run consecutively to  any  term
  of   imprisonment   which   was  previously  imposed  or  which  may  be
  prospectively  imposed  where the person was confined within a detention
  facility at the time of the assault upon a charge  which  culminated  in
  such sentence of imprisonment.
    * NB Effective until September 1, 2009
    * (b)  Except as provided in paragraph (c) of this subdivision, when a
  person is convicted of assault in  the  second  degree,  as  defined  in
  subdivision  seven  of  section  120.05 of this chapter, any definite or
  indeterminate term of imprisonment which may be imposed  as  a  sentence
  upon such conviction shall run consecutively to any term of imprisonment
  which was previously imposed or which may be prospectively imposed where
  the  person  was confined within a detention facility at the time of the
  assault upon a charge which culminated in such sentence of imprisonment.
    * NB Effective September 1, 2009
    (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
  subdivision, a term of imprisonment imposed upon a conviction to assault
  in  the  second degree as defined in subdivision seven of section 120.05
  of this chapter may run concurrently to any other term of  imprisonment,
  in  the interest of justice, provided the court sets forth in the record
  its reasons for imposing a concurrent sentence. Nothing in this  section
  shall  require  the imposition of a sentence of imprisonment where it is
  not otherwise required by law.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.