Detailed Cheat Sheet for New York Sentencing

This cheat sheet provides a specific, step-by-step breakdown of the sentencing laws as outlined in the provided text. It includes detailed information on offense classifications, sentencing ranges, and special provisions.

Section 70.00: Sentence of Imprisonment for Felony

1. Indeterminate Sentence

General Rule: Felonies (excluding drug offenses in Articles 220 or 221) receive an indeterminate sentence with a set maximum and minimum term.

Exceptions: Certain subdivisions (4, 5, 6) and Section 70.80 may provide alternative sentencing.

Court's Role:

  • Maximum Term: Set according to felony class (see below).
  • Minimum Period: Determined based on felony class and specific provisions.

2. Maximum Term of Sentence by Felony Class

  • Class A Felony: Life imprisonment.
  • Class B Felony: Up to 25 years.
  • Class C Felony: Up to 15 years.
  • Class D Felony: Up to 7 years.
  • Class E Felony: Up to 4 years.

3. Minimum Period of Imprisonment

Class A Felonies

  • A-I Felony: Minimum 15-25 years.

Exceptions:

  • Murder in the First Degree (Section 125.27): Minimum 20-25 years.

  • Murder in the Second Degree (Section 125.25(5)) and Aggravated Murder (Section 125.26): Life imprisonment without parole.

  • Attempted Murder in the First Degree (attempt of Section 125.27(1)(a)(i)-(iii) and 125.27(1)(b)) and Attempted Aggravated Murder (Section 125.26): Minimum 20-40 years.

  • A-II Felony:

    • General Minimum: 3-8 years and 4 months.
    • Predatory Sexual Assault (Section 130.95) and Predatory Sexual Assault Against a Child (Section 130.96): Minimum 10-25 years.

Other Felony Classes

  • Classes B, C, D, E:
    • Minimum term is not less than one year and not more than one-third of the maximum term imposed.

4. Alternative Definite Sentence for Class D and E Felonies

Eligibility:

  • Offenders not classified as second or persistent felony offenders.

Court's Discretion:

  • May impose a definite sentence of imprisonment up to one year if an indeterminate or determinate sentence is deemed unduly harsh.

5. Life Imprisonment Without Parole

Not Eligible for Parole or Conditional Release.

Mandatory for Convictions of:

  • Murder in the First Degree (Section 125.27).
  • Murder in the Second Degree (Section 125.25(5)).
  • Aggravated Murder (Section 125.26(1)).
  • Terrorism (Class A-I felony, Section 490.25).
  • Criminal Possession of a Chemical/Biological Weapon in the First Degree (Section 490.45).
  • Criminal Use of a Chemical/Biological Weapon in the First Degree (Section 490.55).

Discretionary for Convictions of:

  • Aggravated Murder (Section 125.26(2)).

Section 70.02: Sentence of Imprisonment for a Violent Felony Offense

1. Definition of a Violent Felony Offense

Violent felony offenses are categorized into Classes B, C, D, and E, with specific crimes listed under each class.

Class B Violent Felony Offenses

Includes, but not limited to:

Attempted Class A-I Felonies:

  • Attempted Murder in the Second Degree (Section 125.25).
  • Attempted Kidnapping in the First Degree (Section 135.25).
  • Attempted Arson in the First Degree (Section 150.20).
  • Manslaughter in the First Degree (Section 125.20).
  • Aggravated Manslaughter in the First Degree (Section 125.22).
  • Rape in the First Degree (Section 130.35).
  • Criminal Sexual Act in the First Degree (Section 130.50).
  • Aggravated Sexual Abuse in the First Degree (Section 130.70).
  • Course of Sexual Conduct Against a Child in the First Degree (Section 130.75).
  • Assault in the First Degree (Section 120.10).
  • Kidnapping in the Second Degree (Section 135.20).
  • Burglary in the First Degree (Section 140.30).
  • Arson in the Second Degree (Section 150.15).
  • Robbery in the First Degree (Section 160.15).
  • Incest in the First Degree (Section 255.27).
  • Criminal Possession of a Weapon in the First Degree (Section 265.04).
  • Criminal Use of a Firearm in the First Degree (Section 265.09).
  • Criminal Sale of a Firearm in the First Degree (Section 265.13).
  • Aggravated Assault Upon a Police Officer or a Peace Officer (Section 120.11).
  • Gang Assault in the First Degree (Section 120.07).
  • Intimidating a Victim or Witness in the First Degree (Section 215.17).
  • Hindering Prosecution of Terrorism in the First Degree (Section 490.35).
  • Criminal Possession/Use of Chemical or Biological Weapons in Specified Degrees (Sections 490.40, 490.47).

Class C Violent Felony Offenses

Includes, but not limited to:

  • Attempted Class B Violent Felony Offenses.
  • Aggravated Criminally Negligent Homicide (Section 125.11).
  • Aggravated Manslaughter in the Second Degree (Section 125.21).
  • Aggravated Sexual Abuse in the Second Degree (Section 130.67).
  • Assault on a Peace Officer, Police Officer, Fireman, or Emergency Medical Services Professional (Section 120.08).
  • Assault on a Judge (Section 120.09).
  • Gang Assault in the Second Degree (Section 120.06).
  • Strangulation in the First Degree (Section 121.13).
  • Burglary in the Second Degree (Section 140.25).
  • Robbery in the Second Degree (Section 160.10).
  • Criminal Possession of a Weapon in the Second Degree (Section 265.03).
  • Criminal Use/Sale of a Firearm in the Second Degree (Sections 265.08, 265.12).
  • Aggravated Criminal Possession of a Weapon (Section 265.19).
  • Terrorism-Related Offenses (Sections 490.15, 490.30, 490.37).

Class D Violent Felony Offenses

Includes, but not limited to:

  • Attempted Class C Violent Felony Offenses.
  • Reckless Assault of a Child (Section 120.02).
  • Assault in the Second Degree (Section 120.05).
  • Menacing a Police Officer or Peace Officer (Section 120.18).
  • Stalking in the First Degree (Section 120.60(1)).
  • Strangulation in the Second Degree (Section 121.12).
  • Rape in the Second Degree (Section 130.30).
  • Criminal Sexual Act in the Second Degree (Section 130.45).
  • Sexual Abuse in the First Degree (Section 130.65).
  • Course of Sexual Conduct Against a Child in the Second Degree (Section 130.80).
  • Aggravated Sexual Abuse in the Third Degree (Section 130.66).
  • Facilitating a Sex Offense with a Controlled Substance (Section 130.90).
  • Criminal Possession of a Weapon in the Third Degree (Certain Subdivisions of Section 265.02).
  • Criminal Sale of a Firearm in the Third Degree (Section 265.11).
  • Intimidating a Victim or Witness in the Second Degree (Section 215.16).
  • Terrorism-Related Offenses (Sections 490.10, 490.20).
  • Falsely Reporting an Incident in the First Degree (Section 240.60).
  • Placing a False Bomb or Hazardous Substance in Specified Places (Sections 240.62, 240.63).
  • Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree (Section 405.18).

Class E Violent Felony Offenses

Includes, but not limited to:

Attempted Offenses:

  • Attempt to commit Criminal Possession of a Weapon in the Third Degree (Specific Subdivisions of Section 265.02).
  • Persistent Sexual Abuse (Section 130.53).
  • Aggravated Sexual Abuse in the Fourth Degree (Section 130.65-a).
  • Falsely Reporting an Incident in the Second Degree (Section 240.55).
  • Placing a False Bomb or Hazardous Substance in the Second Degree (Section 240.61).

2. Authorized Sentence

Class B and Class C Violent Felony Offenses:

  • Indeterminate Sentence Required.
    • Maximum Term: As specified in subdivision three of this section (not provided in the text).
    • Minimum Period: As specified in subdivision four of this section (not provided in the text).

Exception:

  • Subdivision five of Section 60.05 may provide alternative sentencing options.

Section 70.08: Sentence for Persistent Violent Felony Offender; Criteria

1. Definition of Persistent Violent Felony Offender

Criteria:

  • Currently convicted of a violent felony offense (as defined in Section 70.02).
  • Has two or more prior predicate violent felony convictions (per Section 70.04(1)(b)).

Applicable Offenses:

  • Predatory Sexual Assault (Section 130.95).
  • Predatory Sexual Assault Against a Child (Section 130.96).

2. Authorized Sentence

Mandatory Indeterminate Sentence:

  • Maximum Term: Life imprisonment.
  • Minimum Period of Imprisonment:
    • Predatory Sexual Assault (Class A-II Felony): Minimum 25 years.
    • Class B Felony: Minimum 10-25 years.
    • Class C Felony: Minimum 8-25 years.
    • Class D Felony: Minimum 6-25 years.

Section 70.10: Sentence for Persistent Felony Offender

1. Definition of Persistent Felony Offender

Criteria:

  • Currently convicted of a felony (not covered under Section 70.08).
  • Has two or more prior felony convictions.

Previous Felony Conviction Requirements:

  • Conviction in New York State or another jurisdiction.
  • Sentence:
    • Imprisonment exceeding one year or death.
  • Imprisonment Prior to Current Felony:
    • Defendant was imprisoned under sentence before committing the current felony.
  • Not Pardoned on Ground of Innocence.
  • Excludes Convictions for Persistent Sexual Abuse (Section 130.53).

Multiple Convictions Treated as One:

  • If offenses occurred before imprisonment under any of the sentences.

2. Authorized Sentence

Court's Discretion:

  • May impose a sentence authorized for a Class A-I felony (typically the most severe sentencing category).

Requirements:

  • Court must find that extended incarceration and lifetime supervision serve the public interest.

Documentation:

  • Reasons for this decision must be recorded in the court record.

Section 70.15: Sentences of Imprisonment for Misdemeanors and Violations

1. Class A Misdemeanor

Definite Sentence:

  • Term fixed by the court, not exceeding one year.

Specific Provision:

  • For Criminal Possession of a Weapon in the Fourth Degree (Section 265.01(1)):
    • Mandatory minimum of one year if the conviction was a plea bargain from a Class D violent felony offense (Criminal Possession of a Weapon in the Third Degree, Section 265.02(4)).

Exception:

  • Court may impose a different sentence if the defendant hasn't been convicted of a felony or Class A misdemeanor in the past five years and if an alternative sentence is consistent with public safety and justice.

2. Class B Misdemeanor

Definite Sentence:

  • Term fixed by the court, not exceeding three months.

3. Unclassified Misdemeanor

Definite Sentence:

  • Term specified in the law defining the crime.

4. Violation

Definite Sentence:

  • Term fixed by the court, not exceeding 15 days.

Exception:

  • If the defining law specifies only a fine, no imprisonment shall be imposed.

Section 70.20: Place of Imprisonment

1. Indeterminate or Determinate Sentence

Custody:

  • Defendant committed to the State Department of Corrections and Community Supervision.

Exception:

  • Subdivision four may provide alternative arrangements.

2. Definite Sentence

Custody:

  • Defendant committed to a county or regional correctional institution.

Exception:

  • Subdivision four may provide alternative arrangements.

3. Sentence of Life Imprisonment Without Parole

Custody:

  • Defendant committed to the State Department of Corrections and Community Supervision for life.

4. Undischarged Imprisonment in Other Jurisdiction

Concurrent Sentences:

  • If sentenced to run concurrently with an undischarged term from another jurisdiction:
    • Return to Other Jurisdiction:
      • Counts toward the New York sentence.
    • Excess Time:
      • Any remaining time after the other jurisdiction's term is served in New York custody.

Consecutive Sentences:

  • Defendant committed as per subdivisions one and two.

5. Juvenile Offenders and Youthful Offenders

Routine Services Defined:

  • Medical, dental, and mental health services.
  • Includes medications, nutritional support, and local anesthetic dental care.

Exclusions:

  • Does not include psychiatric medication unless part of an ongoing plan or authorized by law.

Section 70.25: Concurrent and Consecutive Terms of Imprisonment

1. Multiple Sentences

Court's Direction:

  • Sentences can run concurrently or consecutively with undischarged terms.

Default Rules if Court Doesn't Specify:

  • Indeterminate Sentence:
    • Runs concurrently with all other terms.
  • Definite Sentence:
    • Runs concurrently with sentences imposed at the same time.
    • Runs consecutively to any other term.

2. Consecutive Sentences for Single Act

Mandatory Concurrent Sentences:

  • If offenses stem from a single act or omission, sentences must run concurrently.

3. Sentence for Violent Felony While on Bail

General Rule:

  • Sentences for violent felonies committed while released on bail run consecutively.

Exception:

  • Court may order concurrent sentences in the interest of justice.

Section 70.30: Calculation of Terms of Imprisonment

1. Indeterminate or Determinate Sentence

Commencement:

  • Sentence begins when prisoner is received in a state correctional institution.

Multiple Sentences:

  • Concurrent Sentences:

    • Time Served:
      • Credited against the minimum periods of all concurrent sentences.
    • Maximum Terms:
      • Merge; discharge occurs when the longest term expires.

  • Consecutive Sentences:

    • Minimum Periods:
      • Added together for an aggregate minimum.
    • Maximum Terms:
      • Added together for an aggregate maximum.

Limitations:

  • Aggregate Maximum Terms cannot exceed:

    • 20 years, unless one sentence is a Class B felony, then 30 years.
    • 40 years for two violent felony offenses (one being Class B).
    • 50 years for three or more violent felony offenses (one being Class B).

  • Aggregate Minimum Period:

    • If it exceeds half the aggregate maximum (as adjusted), it is deemed to be half.

2. Definite Sentences

Commencement:

  • Begins when prisoner is received in the institution named in the commitment.

Multiple Sentences:

  • Concurrent Sentences in Single Institution:

    • Terms Merge:
      • Discharge upon completion of the longest term.

  • Consecutive Sentences in Single Institution:

    • Terms Added:
      • Aggregate term satisfied by serving the total time or two years, whichever is less, plus any term for offenses committed while under sentence.

3. Jail Time Credit

Credit for Pre-Sentence Custody:

  • Applied against the term of the sentence.
  • For indeterminate sentences, also applied against the minimum period.
  • Not credited if already applied to another sentence.

Application:

  • Concurrent Sentences:
    • Credit applied to each sentence.
  • Consecutive Sentences:
    • Credit applied against aggregate terms.

Custody from Dismissed Charges:

  • Time credited to sentences for charges with warrants or commitments lodged during custody.

4. Good Behavior Time

  • Indeterminate Sentence:
    • Allowances up to one-third of the maximum term.
  • Definite Sentence:
    • Allowances up to one-third of the term.
  • Application:
    • Applied as per Correction Law provisions.

5. Time Served Under Vacated Sentence

New Sentence Calculation:

  • Begins as if it started when the vacated sentence commenced.
  • Time served under the vacated sentence is credited to the new sentence.
  • Applies to periods of post-release supervision.

6. Escape

Interruption of Sentence:

  • Escape interrupts the sentence until return to custody.

Credit for Time in Custody After Escape:

  • Credited if custody was due to:
    • Arrest/surrender for the escape.
    • Arrest on another charge leading to dismissal or acquittal.
    • Arrest on another charge leading to conviction, but credit limited to time exceeding the new sentence.

7. Absconding from Temporary Release or Furlough Program

Interruption of Sentence:

  • Failure to return interrupts the sentence until return to custody.

Credit for Time in Custody After Absconding:

  • Same provisions as for escape.

Section 70.45: Determinate Sentence; Post-Release Supervision

1. In General

Determinate Sentence:

  • Fixed term of imprisonment plus a period of post-release supervision (PRS).

Violation of PRS Conditions:

  • May result in additional imprisonment up to the balance of PRS, not exceeding specified limits.

2. Period of Post-Release Supervision for Other Than Felony Sex Offenses

Standard Period:

  • Five years.

Exceptions:

  • Class D or E Felony (Section 70.70(2)): One year.
  • Class B or C Felony (Section 70.70(2)): 1-2 years.
  • Class D or E Felony (Section 70.70(3) or (4)): 1-2 years.
  • Class B or C Felony (Section 70.70(3) or (4)): 1.5-3 years.
  • Class D or E Violent Felony (Section 70.02(3)): 1.5-3 years.
  • Class B or C Violent Felony (Section 70.02(3)): 2.5-5 years.

2-a. Periods of Post-Release Supervision for Felony Sex Offenses

  • Class D or E Felony Sex Offense (Section 70.80(4)): 3-10 years.
  • Class C Felony Sex Offense (Section 70.80(4)): 5-15 years.
  • Class B Felony Sex Offense (Section 70.80(4)): 5-20 years.
  • Class D or E Violent Felony Sex Offense (Section 70.02(3)): 3-10 years.
  • Class C Violent Felony Sex Offense (Section 70.02(3)): 5-15 years.
  • Class B Violent Felony Sex Offense (Section 70.02(3)): 5-20 years.
  • Sentences Under Sections 70.04, 70.06, or 70.80(5):
    • Class D or E Violent or Non-Violent Felony Sex Offense: 5-15 years.
    • Class C Violent or Non-Violent Felony Sex Offense: 7-20 years.
    • Class B Violent or Non-Violent Felony Sex Offense: 10-25 years.

Specific Provision:

  • Section 70.07(4) determinate sentence: 10-20 years PRS.

3. Conditions of Post-Release Supervision

Board of Parole:

  • Establishes conditions similar to those for parolees.
  • May require up to six months in a residential treatment facility immediately after release.

Notification:

  • Upon release, the person receives a written statement detailing PRS conditions.

4. Revocation of Post-Release Supervision

Procedure:

  • Handled according to Section 259-i(3) and (4) of the Executive Law.

5. Calculation of Service of Period of Post-Release Supervision

Commencement:

  • Begins upon release to supervision.

Interruption:

  • Declaration of Delinquency:
    • Interrupts PRS.
  • Custody During Delinquency:
    • If not returned to custody:
      • Time in custody credited to the maximum term.
    • If returned to custody:
      • Must serve a time assessment before re-release.

Multiple Periods of PRS:

  • Periods merge; the longest period applies.
  • Time served on one PRS not credited to another, except as per Section 70.30(5).

This cheat sheet is designed to provide a clear and specific reference to the sentencing provisions, including detailed listings of offenses and sentencing ranges. It is intended for educational purposes and should not substitute for legal advice from a qualified attorney.