2010 New York Code
PEN - Penal
Part 2 - SENTENCES
Title E - SENTENCES
Article 70 - (70.00 - 70.85) SENTENCES OF IMPRISONMENT
70.70 - Sentence of imprisonment for felony drug offender other than a class A felony.

§ 70.70 Sentence  of  imprisonment for felony drug offender other than a
            class A felony.
    1. For the purposes of this section, the following terms shall mean:
    (a) "Felony drug offender" means a defendant who stands  convicted  of
  any  felony,  defined  in  article  two  hundred  twenty  or two hundred
  twenty-one of this chapter other than a class A felony.
    (b) "Second felony drug offender" means a second  felony  offender  as
  that  term  is  defined  in  subdivision  one  of  section 70.06 of this
  article, who stands convicted of any  felony,  defined  in  article  two
  hundred  twenty  or  two hundred twenty-one of this chapter other than a
  class A felony.
    (c) "Violent felony" shall have the  same  meaning  as  that  term  is
  defined in subdivision one of section 70.02 of this article.
    2.  Except as provided in subdivision three or four of this section, a
  sentence  of  imprisonment  for  a  felony  drug  offender  shall  be  a
  determinate sentence as provided in paragraph (a) of this subdivision.
    (a)  Term of determinate sentence. Except as provided in paragraph (b)
  or (c) of this subdivision, the court shall impose a determinate term of
  imprisonment upon a felony drug offender which shall be imposed  by  the
  court  in  whole  or half years, which shall include as a part thereof a
  period of post-release supervision in accordance with section  70.45  of
  this  article. The terms of imprisonment authorized for such determinate
  sentences are as follows:
    (i) for a class B felony, the term shall be  at  least  one  year  and
  shall  not  exceed  nine  years,  except  that for the class B felony of
  criminal sale of a controlled substance in or  near  school  grounds  as
  defined  in  subdivision  two  of section 220.44 of this chapter or on a
  school bus as defined in subdivision seventeen of section 220.00 of this
  chapter or criminal sale of a controlled substance to a child as defined
  in section 220.48 of this chapter, the term shall be at least two  years
  and shall not exceed nine years;
    (ii)  for  a  class  C felony, the term shall be at least one year and
  shall not exceed five and one-half years;
    (iii) for a class D felony, the term shall be at least  one  year  and
  shall not exceed two and one-half years; and
    (iv)  for  a  class  E felony, the term shall be at least one year and
  shall not exceed one and one-half years.
    (b) Probation. Notwithstanding any other provision of law,  the  court
  may  sentence  a  defendant  convicted of a class B, class C, class D or
  class E felony offense defined in article  two  hundred  twenty  or  two
  hundred  twenty-one  of this chapter to probation in accordance with the
  provisions of sections 60.04 and 65.00 of this chapter.
    (c) Alternative definite sentence for class B, class C, class  D,  and
  class  E  felonies.  If  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  a  determinate
  sentence upon a person convicted of a class C, class D or class E felony
  offense  defined in article two hundred twenty or two hundred twenty-one
  of this chapter, or a class B felony  defined  in  article  two  hundred
  twenty of this chapter, other than the class B felony defined in section
  220.48  of  this  chapter,  as  added  by  a  chapter of the laws of two
  thousand nine the court may impose a definite sentence  of  imprisonment
  and fix a term of one year or less.
    (d)  The  court  may  direct  that a determinate sentence imposed on a
  defendant convicted of a class B felony, other than the class  B  felony
  defined  in section 220.48 of this chapter, pursuant to this subdivision

be executed as a sentence  of  parole  supervision  in  accordance  with
  section 410.91 of the criminal procedure law.
    3. Sentence of imprisonment for second felony drug offender.
    (a)  Applicability.  This  subdivision  shall apply to a second felony
  drug offender whose prior felony conviction was not a violent felony.
    (b) Authorized sentence. Except as provided in paragraphs (c), (d) and
  (e) of this subdivision, when  the  court  has  found  pursuant  to  the
  provisions  of  section  400.21  of  the  criminal  procedure law that a
  defendant is a second felony drug offender who  stands  convicted  of  a
  class  B,  class C, class D or class E felony offense defined in article
  two hundred twenty or two hundred twenty-one of this chapter  the  court
  shall  impose  a  determinate sentence of imprisonment. Such determinate
  sentence shall include as  a  part  thereof  a  period  of  post-release
  supervision  in accordance with section 70.45 of this article. The terms
  of such determinate sentence shall be imposed by the court in  whole  or
  half years as follows:
    (i)  for  a  class  B felony, the term shall be at least two years and
  shall not exceed twelve years;
    (ii) for a class C felony, the term shall be at least one and one-half
  years and shall not exceed eight years;
    (iii) for a class D felony,  the  term  shall  be  at  least  one  and
  one-half years and shall not exceed four years; and
    (iv) for a class E felony, the term shall be at least one and one-half
  years and shall not exceed two years.
    (c)  Probation.  Notwithstanding any other provision of law, the court
  may sentence a second felony drug offender convicted of a class B felony
  to lifetime probation in accordance with the provisions of section 65.00
  of this chapter and may sentence a second felony drug offender convicted
  of a class C, class D or class E felony to probation in accordance  with
  the provisions of section 65.00 of this chapter.
    (d)  Sentence of parole supervision. In the case of a person sentenced
  for a specified offense or offenses as defined in  subdivision  five  of
  section 410.91 of the criminal procedure law, who stands convicted of no
  other  felony offense, who has not previously been convicted of either a
  violent felony offense as defined in section 70.02 of  this  article,  a
  class A felony offense or a class B felony offense, and is not under the
  jurisdiction  of  or awaiting delivery to the department of correctional
  services, the court may  direct  that  a  determinate  sentence  imposed
  pursuant  to  this subdivision shall be executed as a parole supervision
  sentence as defined in and pursuant  to  the  procedures  prescribed  in
  section 410.91 of the criminal procedure law.
    (e)  Alternate  definite  sentence  for  class  C, class D and class E
  felonies. If 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 a determinate sentence upon a person convicted
  of a class C, class D or class E felony offense defined in  article  two
  hundred  twenty or two hundred twenty-one of this chapter, the court may
  impose a definite sentence of imprisonment and fix a term of one year or
  less.
    4. Sentence of imprisonment for second felony drug offender previously
  convicted of a violent felony.
    (a) Applicability. This subdivision shall apply  to  a  second  felony
  drug offender whose prior felony conviction was a violent felony.
    (b)  Authorized  sentence.  When  the  court has found pursuant to the
  provisions of section 400.21  of  the  criminal  procedure  law  that  a
  defendant is a second felony drug offender whose prior felony conviction
  was  a violent felony, who stands convicted of a class B, class C, class

D or class E felony offense defined in article two hundred twenty or two
  hundred twenty-one of this chapter, the court shall impose a determinate
  sentence of imprisonment. Such determinate sentence shall include  as  a
  part  thereof  a  period  of post-release supervision in accordance with
  section 70.45 of this article. The terms of  such  determinate  sentence
  shall be imposed by the court in whole or half years as follows:
    (i)  for  a  class  B felony, the term shall be at least six years and
  shall not exceed fifteen years;
    (ii) for a class C felony, the  term  shall  be  at  least  three  and
  one-half years and shall not exceed nine years;
    (iii)  for  a  class  D  felony,  the  term  shall be at least two and
  one-half years and shall not exceed four and one-half years; and
    (iv) for a class E felony, the term shall be at least  two  years  and
  shall not exceed two and one-half years.