2021 New York Laws
PEN - Penal
Part 2 - Sentences
Title E - Sentences
Article 70 - Sentences of Imprisonment
70.15 - Sentences of Imprisonment for Misdemeanors and Violation.

§ 70.15 Sentences of imprisonment for misdemeanors and violation.
  1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
imposed the term shall be fixed by the court, and shall not exceed three
hundred sixty-four days.
  1-a. (a) Notwithstanding the provisions of any other law, whenever the
phrase  "one  year"  or "three hundred sixty-five days" or "365 days" or
any similar phrase appears in any provision of this chapter or any other
law in reference to the definite sentence or maximum  definite  sentence
of  imprisonment that is imposed, or has been imposed, or may be imposed
after enactment of this subdivision, for  a  misdemeanor  conviction  in
this  state,  such  phrase  shall mean, be interpreted and be applied as
three hundred sixty-four days.
  (b) The amendatory provisions of this subdivision are ameliorative and
shall apply to all persons who are sentenced before,  on  or  after  the
effective  date of this subdivision, for a crime committed before, on or
after the effective date of this subdivision.
  (c) Any sentence for a misdemeanor conviction  imposed  prior  to  the
effective  date  of  this  subdivision  that  is  a definite sentence of
imprisonment of one year, or three hundred sixty-five  days,  shall,  by
operation  of law, be changed to, mean and be interpreted and applied as
a sentence of three hundred sixty-four days. In addition  to  any  other
right of a person to obtain a record of a proceeding against him or her,
a  person  so  sentenced prior to the effective date of this subdivision
shall be entitled to obtain,  from  the  criminal  court  or  the  clerk
thereof, a certificate of conviction, as described in subdivision one of
section 60.60 of the criminal procedure law, setting forth such sentence
as the sentence specified in this paragraph.
  (d)  Any  sentence  for  a misdemeanor conviction imposed prior to the
effective date of  this  subdivision  that  is  other  than  a  definite
sentence  of  imprisonment  of one year may be set aside, upon motion of
the defendant under section 440.20 of the criminal procedure  law  based
on  a  showing that the judgment and sentence under the law in effect at
the time of conviction imposed prior  to  the  effective  date  of  this
subdivision  is likely to result in collateral consequences, in order to
permit the court to resentence the  defendant  in  accordance  with  the
amendatory provisions of this subdivision.
  (e)  Resentence  by  operation  of  law  is  without  prejudice  to an
individual  seeking  further  relief  pursuant  to  paragraph   (j)   of
subdivision one of section 440.10 of the criminal procedure law. Nothing
in  this  section  is  intended  to  diminish  or abrogate any rights or
remedies otherwise available to the individual.
  2. Class B misdemeanor. A sentence  of  imprisonment  for  a  class  B
misdemeanor  shall  be  a  definite  sentence.  When  such a sentence is
imposed the term shall be fixed by the court, and shall not exceed three
months.
  3.  Unclassified  misdemeanor.  A  sentence  of  imprisonment  for  an
unclassified  misdemeanor  shall  be  a  definite  sentence. When such a
sentence is imposed the term shall be fixed by the court, and  shall  be
in  accordance  with the sentence specified in the law or ordinance that
defines the crime but, in any event, it shall not exceed  three  hundred
sixty-four days.
  4.  Violation.  A  sentence of imprisonment for a violation shall be a
definite sentence. When such a sentence is imposed  the  term  shall  be
fixed by the court, and shall not exceed fifteen days.
  In  the  case  of  a  violation  defined  outside this chapter, if the
sentence is expressly specified in the law or ordinance that defines the

offense and consists solely of a fine, no term of imprisonment shall  be
imposed.