2019 New York Laws
PEN - Penal
Part 2 - Sentences
Title E - Sentences
Article 65 - Sentences of Probation, Conditional Discharge and Unconditional Discharge
65.05 - Sentence of Conditional Discharge.

§ 65.05 Sentence of conditional discharge.
  1.  Criteria.  (a)  Except as otherwise required by section 60.05, the
court may impose a sentence of conditional discharge for an  offense  if
the  court, having regard to the nature and circumstances of the offense
and to the history, character and condition of the defendant, is of  the
opinion  that  neither the public interest nor the ends of justice would
be served by a sentence of imprisonment and that  probation  supervision
is not appropriate.
  (b)  When a sentence of conditional discharge is imposed for a felony,
the court shall set forth in the record the reasons for its action.
  2. Sentence. Except to the  extent  authorized  by  paragraph  (d)  of
subdivision two of section 60.01 of this chapter, when the court imposes
a sentence of conditional discharge the defendant shall be released with
respect  to  the  conviction  for  which the sentence is imposed without
imprisonment or probation supervision but subject, during the period  of
conditional  discharge,  to  such conditions as the court may determine.
The court shall impose the period of conditional discharge authorized by
subdivision three of this section and shall specify, in accordance  with
section  65.10,  the  conditions to be complied with.  If a defendant is
sentenced pursuant to paragraph (e) of subdivision two of section  65.10
of  this  chapter,  the  court  shall  require  the administrator of the
program to provide written notice to  the  court  of  any  violation  of
program  participation by the defendant. The court may modify or enlarge
the conditions or, if the defendant commits  an  additional  offense  or
violates  a  condition,  revoke  the  sentence  at any time prior to the
expiration or termination of the period of conditional discharge.
  3. Periods of  conditional  discharge.  Unless  terminated  sooner  in
accordance  with  the  criminal procedure law, the period of conditional
discharge shall be as follows:
  (a) Three years in the case of a felony; and
  (b) One year in the case of a misdemeanor or a violation.
  Where the court has required, as a condition of the sentence, that the
defendant make restitution of the fruits of his or her offense  or  make
reparation  for  the loss caused thereby and such condition has not been
satisfied, the court, at any time prior to the expiration or termination
of the period of conditional discharge, may impose an additional period.
The length of the additional period shall be fixed by the court  at  the
time  it  is  imposed  and  shall not be more than two years. All of the
incidents of the original sentence, including the authority of the court
to modify or enlarge the conditions, shall continue to apply during such
additional period.